Keywords

constitutionalism, rule of law, natural law, primitive law, F. A. Hayek, Francis Wormuth, Ronald Dworkin, Charles McIlwain

Abstract

Constitutionalism is the practical science of designing and balancing institutions of public power and authority so as to prevent monopolies of power or the emergence of tyranny. In spite of continuing attempts to ground constitutions in moralistic political theories, they are best understood as formalizations of citizenry agreements to manage their affairs under the rule of law following rules formulated by their legislatures and applied by their judges, all of which are to be selected through established procedures. The emergence of rule of law in primitive societies and in early modern European politics is noted, and the chief contributors to the twentieth century discussion are identified.

Original Publication Citation

"Constitutionalism and the Rule of Law," in Constitutionalism and Rights, G. Bryner and N. Reynolds, (eds.), Provo, Brigham Young University, 1987, 79–104.