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Constitutionalism

Wil Waluchow; Dimitrios Kyritsis · Stanford Encyclopedia of Philosophy · 2023

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Type: Web page
Author: Wil Waluchow; Dimitrios Kyritsis
Accessed: 2026-09-01

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TheoryConstitutionalism is the idea that political power should be limited by a higher law; having a written constitution is neither necessary nor sufficient for it, since some regimes adopt constitutional forms without effective limits.DisputedWhether strong judicial review of legislation is democratically legitimate is disputed: defenders see it as protecting rights from majorities, while critics such as Ran Hirschl describe a transfer of power from elected bodies to courts.