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Excerpt from The Essentials of a Written Constitution
Aristocracy and democracy, in the political sense, it will be noticed, are merely relative terms. There is no exact point at which a community ceases to be aristocratic and becomes democratic, and it is quite obvious that a community may be aristocratic as respects a second and at the same time democratic in relation to a third. France under the Orleans monarchy vested supreme political power in some voters, while under the second empire there were More than one of the states of our Union at the outset had suffrage laws so restrictive in character that they were decidedly aristocratic as compared with their present status, although undoubtedly democratic in comparison even with France under Louis Philippe.
An organized political community, independent of external control, is commonly called a state. There is, however, often a confusion of thought arising from the more or less unconscious use of the term state in two different senses. These two applications of the term should be sharply distinguished, and the distinction kept always in mind.
In the larger sense the state includes the whole community living in a given terri tory and subject to the political authority of its government. In the limited sense the state includes only that portion of the community which has political authority over the whole, and whose agent in the exercise of that authority is the government. The state in the larger sense we may, for convenience, call the social state. The other may be called the political state. The members of the social state are all subject to law. The political state creates law and enforces it. Political power belongs to the political state, to be sure, for the protection and welfare of the social state. But in the exercise of that power the political state has no legal superior. Its will is law for all.
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Paperback. Zustand: New. Print on Demand. This book is fundamental for understanding constitutional governments and the structuring of democratic power. Written during the expansion of democratic and republican ideals, this text explores the evolution and spread of constitutions and constitutional law from the period shortly following the American Declaration of Independence. The author analyzes different types of constitutions and governments, focusing on the methods by which they organize their political and social institutions. The book also provides significant context for understanding how nations define suffrage and citizenship, organize elections, and design their legislatures. Moreover, it compares and contrasts two different conceptions of the relationship between constitutional law and ordinary legislation. One of its core arguments is that a well-written constitution gives clear direction to society and government, protecting individual liberty, preventing tyranny, and ensuring justice, order, and equality. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Bestandsnummer des Verkäufers 9781333885618_0
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