Final answer:
Constitutionalism is the idea of governing based on a constitution, with limited government powers, the rule of law, separation of powers, and protection of individual rights. A key example is the case of Marbury v. Madison and the power of judicial review.
Step-by-step explanation:
Constitutionalism
Constitutionalism refers to the idea of governing a country based on a constitution. It is the principle that a government's powers should be limited by a constitution, which establishes and protects the rights of individuals and divides powers among different branches of government. Constitutionalism is characterized by several features:
- Rule of Law: It means that everyone is subject to the law, including those who govern. The law is applied consistently and equally, providing a fair process for all.
- Separation of Powers: The power of the government is divided among different branches (legislative, executive, and judicial) to prevent the concentration of power in one entity. Each branch has its own responsibilities and checks and balances on the others.
- Protection of Individual Rights: Constitutions often include provisions that guarantee fundamental rights and freedoms to individuals. For example, the First Amendment of the United States Constitution protects freedom of speech, religion, and assembly.
An example of constitutionalism can be seen in the landmark case of Marbury v. Madison in the United States. In this case, the Supreme Court established the power of judicial review, which allows the Court to declare laws or actions unconstitutional, thereby protecting the rights outlined in the Constitution.
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