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Single Idea 22675

[filed under theme 24. Political Theory / B. Nature of a State / 3. Constitutions ]

Full Idea

The Americans have acknowledged the right of judges to found their decisions on the Constitution, rather than on the laws.

Gist of Idea

In American judges rule according to the Constitution, not the law

Source

Alexis de Tocqueville (Democracy in America (abr Renshaw) [1840], 1.05)

Book Ref

Tocqueville,Alexis de: 'Democracy in America (abridged)', ed/tr. Renshaw,Patrick [Wordsworth 1998], p.44

A Reaction

Obviously the Constitution is one short document, so the details must be enshrined in the laws (which presumably defer to the Constitution).

The 15 ideas from Alexis de Tocqueville

22669 Aristocracy is constituted by inherited landed property [Tocqueville]
22670 Slavery undermines the morals and energy of a society [Tocqueville]
22672 It is admirable to elevate the humble to the level of the great, but the opposite is depraved [Tocqueville]
22671 Equality can only be established by equal rights for all (or no rights for anyone) [Tocqueville]
22674 In Europe it is thought that local government is best handled centrally [Tocqueville]
22673 Wherever there is a small community, the association of the people is natural [Tocqueville]
22675 In American judges rule according to the Constitution, not the law [Tocqueville]
22678 An election, and its lead up time, are always a national crisis [Tocqueville]
22676 The people are just individuals, and only present themselves as united to foreigners [Tocqueville]
22679 Vast empires are bad for well-being and freedom, though they may promote glory [Tocqueville]
22680 People would be much happier and freer in small nations [Tocqueville]
22677 A monarchical family is always deeply concerned with the interests of the state [Tocqueville]
22681 The liberty of the press is more valuable for what it prevents than what it promotes [Tocqueville]
22682 Universal suffrage is no guarantee of wise choices [Tocqueville]
22683 Despots like to see their own regulations ignored, by themselves and their agents [Tocqueville]