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Constitutional Law, Doctrinal Issues In

The idea of constitutionalism is the governing of society by fundamental principles, usually in a written charter, as a way to keep society faithful to the core values that support it. Fundamental principles on which a constitution is generally based include the structure and operation of government; separation of powers among different branches of government; judicial review (explicit or implicit); and fundamental rights. While a written constitution is the norm today, it is entirely possible to have such core organizing principles exist in unwritten form, as a shared understanding among society's members, such as the traditional practice in England. Historically, constitutions have delineated the bounds of nation-states. Today, however, there is a movement toward regionalization of nations, and a “constitution” may cover a region as ...

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