Constitutions and
Constitutionalism
The fundamental concept of constitutionalism and constitutions is thought to have first
appeared in the writings of the early Greeks and especially in Nicomachean Ethics, the
Constitution of
Athens and Aristotle's Politics.
Aristotle's approach was to see constitutions as the means for
categorizing a government in terms
of its form. Surprisingly, Aristotle was not much in favor of a
democratic form of government,
viewing it as rule by the people in their own self-interest,
rather than for everyone.
It was the Romans, most specifically the Stoics, who first argued
the concept of natural rights by
maintaining that humans are endowed with reason, which the
ancients saw as a universal natural
force governing the world and bringing human social behavior into
harmony. In this way, Roman
law added the concept of generalized equality, universal
regularity and the existence of a
hierarchy of legal forms to Aristotle's notions of
constitutionalism.
It was not until the Enlightenment that the theory and
foundations for modern constitutionalism
were developed by embracing and elaborating on the concept of a
social contract. Key writings
include those of John Locke and Thomas Hobbes in the 17th century
followed by Jean-Jacques
Rousseau in the 18th century. It was the work of these
philosophers exploring the concept of a
social contract and, especially their stress on natural rights
and the proper functions of
government, that support the constitution-making of the
revolutionary era beginning with the
U.S. War of Independence.
Related Links
We the People: The
Constitution of the United
States of America,
with Explanatory Notes (From
THE WORLD BOOK
ENCYCLOPEDIA copyright (c) 1997 World Book, Inc.)
Declaration of
Independence
French
Spanish
U.S. Constitution
French
Spanish
Bill of Rights
French
Spanish
International Law
International law is the set of rules and norms that different countries agree to in their
interactions with one another. It
regulates refugees; human rights; water, mineral, and oil rights,
as well as fishing rights; the
protection of wildlife; outer space; international aviation;
piracy; slavery; the acquisition of new
territories; and armed conflict by armies, terrorists, brigands
and guerrillas. A state has full legal
status in international law when it is recognized by other
states. Recognition is a formal
declaration by one nation that another exists.
Related Link
International Court
of Justice
Independent Judiciary
In the United States, judicial independence has developed into a set of institutions that assure
that judges decide according to
law, rather than according to their own whims or to the will of
others, including other branches
of the government. The five components of judicial independence
are: the constitutional
protections that judges in the United States have; the
independent administration of the judiciary
by the judiciary; judicial disciplinary authority over the
misconduct of judges; the manner in
which conflicts of interest are addressed; and the assurance of
effective judicial decisions. These
components combine to assure an independent judiciary that is the
basis for a society governed
by the rule of law.
Related Links
U.S. Supreme Court
Understanding the
Federal Courts (PDF format)
Federal Judicial Center
(FJC)
Justice Information
Center
Brennan Justice Center at New York University
Law School
LII
Hermes
