StudentShare solutions
Triangle menu
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

The just exercise of political power is conceived of as resting upon constitutional principles - Essay Example

Nobody downloaded yet

Extract of sample
The just exercise of political power is conceived of as resting upon constitutional principles

This should not be taken to mean that if a state has a constitution, it is necessarily committed to the idea of constitutionalism. In a very real sense, every state has a constitution, if by a constitution is meant, in the words of Lord Bryce, “the aggregate of the laws and customs through and under which the public life of a State goes on...” (Studies… I 1901). In this sense, every state may be said to have a constitution.
There is, however, a tradition in the history of political thought which describes a constitution in terms of a higher law which is an expression of the will of the people. In this view, the state is created by and is organized by the people in the writing and adoption of a constitution, and government derives its authority, institutions, and procedures from this constitution.
That is why, Thomas Paine maintained that any government which violates the constitution exercises “power without right.” If the distinction between constitution and government is ignored, then, Paine argued, there being no check upon the will of the government, it follows that the state is a despotism. A true, written constitution, he held, was always antecedent to the actual government, for, in his words, “The constitution is not the act of its government, but of the people constituting a government” (Elster & Slagstad 1988).
To understand the nature of constitutional principles better, one should pay attention to its origin: theoretical doctrines and its manifestations (Greek Democracy, Roman Republicanism and English Constitutionalism).
Some conception of a higher law will be found throughout the history of Western political thought. Early examples of written constitutions include Solons constitution of Athens (594 BC) and Cleisthenes constitution, which reformed the constitution of ancient Athens and set it on a democratic footing in 508 BC.
Aristotle (c. 350 BC) was also one of the first ...Show more
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The just exercise of political power is conceived of as resting upon Essay”, n.d.)
Retrieved from https://studentshare.net/miscellaneous/312759-the-just-exercise-of-political-power-is-conceived-of-as-resting-upon-constitutional-principles
(The Just Exercise of Political Power Is Conceived of As Resting Upon Essay)
https://studentshare.net/miscellaneous/312759-the-just-exercise-of-political-power-is-conceived-of-as-resting-upon-constitutional-principles.
“The Just Exercise of Political Power Is Conceived of As Resting Upon Essay”, n.d. https://studentshare.net/miscellaneous/312759-the-just-exercise-of-political-power-is-conceived-of-as-resting-upon-constitutional-principles.
  • Cited: 0 times

Summary

Constitutionalism is descriptive of a complicated concept, according to which in political society government officials are not…
The just exercise of political power is conceived of as resting upon constitutional principles
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"The just exercise of political power is conceived of as resting upon constitutional principles"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Globalization Effects upon Power and Responsibility of Firms
Globalization. Effects upon Power and Responsibility of Firms. Globalization refers to the integration of regional economies, societies and cultures in to global exchange network. The term is used to refer the economic exchange process backed by information and communication technology advancements that result in the transformational of national economies in to the international economies (Torres, 2002, p363).
8 pages (2000 words) Essay
Anthropology and political and power
The discipline is a holistic study, concerned with all humans, at all times, in all humanity's dimensions. Anthropology is traditionally distinguished from other disciplines by its emphasis on cultural relativity, in-depth examination of context, and cross-cultural comparisons.
11 pages (2750 words) Essay
Political, Fiscal and Programmatic Power
It has been argued that the powers mostly shifted away from the states and towards the federal government since the end of American Civil War. Federalism has evolved over the period of time and during this transition, the balance of power shifted heavily towards the national government.
5 pages (1250 words) Essay
Political Power in France 1780-1815
The French Revolution was an avenue for many changes socially, economically and politically. After the death of Napoleon, the monarchial system was restored. A way was paved for nationalism following the revolution.
5 pages (1250 words) Essay
Political Anthropology Power, Ideology & Inequality
It is the confrontation of the local and the global that will make our future. Although globalisation is often perceived as the trend emerged in 20th century its roots lie deep in the history of mankind. Dating back to 1500, the beginning of colonisation, the primordial form of globalisation was simply a conquest.
7 pages (1750 words) Essay
To what extent is it fair to characterise delegated legislation as a practical necessity that undermines important constitutional principles
The same is true with delegated legislation. Delegated legislation as a concept can only be clearly assessed after looking into the constitution of which it is a part. Whether it is a practical necessity and to what extent it would be
10 pages (2500 words) Essay
The identity, societal institutions and political power
There are numerous complex relationships apparent between the advances in technology to the degree of subjectivity inherent in a particular society. A feature of capitalism is the imposition of a work discipline while eliminating self-organization (Thompson, 1967).
2 pages (500 words) Essay
Economic resources and the political power
(1) I will choose a contact to sustain connections with environmental organizations. I will hire an environment crimes staff or community policing authority to cooperate with these environmental organizations. The collaboration between environmental organizations and
3 pages (750 words) Essay
Exercise 6-1 Remote Power System Exercise
The basic task of undertaking a work breakdown structure is to fully understand how a project is undertaken. The deliverable in a work breakdown structure is divided into tasks and components put together to achieve it. In our case, the project is
3 pages (750 words) Assignment
Constitutional convention
Most states in the modern world are guided by constitutional convections instead of the written constitutions1. However, in the states that follow constitutional convections, they have
6 pages (1500 words) Essay
Comments (0)
Click to create a comment
Let us find you another Essay on topic The just exercise of political power is conceived of as resting upon constitutional principles for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us