This sets the stage for the fundamental claim of Aristotle's constitutional theory: "constitutions which aim at the common advantage are correct and just without qualification, whereas those which aim only at the advantage of the rulers are deviant and unjust, because they involve despotic rule which is inappropriate for a community of free persons" (1279a17 21).
A democratic constitution, Schmitt argues in his Constitutional Theory, is the product of an exercise of constituent power on the part of a politically united people (CT 75 77, 125 30, 140 6).
Recent scholarship in constitutional theory concerning the distinctive challenges posed by the interpretation of constitutions has also helped fuel continuing interest in the topic of interpretation in legal reasoning (see, for example, Bobbit 1991 & 1996; Raz 1998b; Rubenfeld 1998; Kavanagh 2002, 2003 & 2009 part I; Sager 2004; Marmor 2005 ch. 9, Waluchow 2006 and the entry constitutionalism).
Modern liberal constitutions do not acknowledge a bearer of sovereign authority, and modern legal and constitutional theory has often tried to dispense with the concept.
Jefferson was not on this side of the Atlantic when the Constitution was written, something that Carson himself acknowledged in his own book on constitutional theory, A More Perfect Union.
She really has no grand constitutional theory.
Dow isn't doing high constitutional theory here; this is pure red meat.
Lincoln had found a constitutional theory that would be acceptable to most Northerners.
The political structure of this new state combined traditional Boer institutions with Dutch and American constitutional theory.
In judicial review of administration at a national level, a country's history, politics, and constitutional theory all play their part.
But perhaps the most fundamental problem with the NSA's constitutional theory is that it has no limit.
