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An introduction to the philosophical, political and legal thinking of modern liberal constitutionalism
An introduction to the philosophical, political and legal thinking of modern liberal constitutionalism

Author(s): Răzvan Cosmin Roghină
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Government/Political systems
Published by: Universul Juridic
Keywords: modern liberal constitutionalism; limited government; separation of powers; representative government; social contract;

Summary/Abstract: The paper aims to highlight the strong theses that constitute the philosophical heritage of modern liberal constitutionalism and, at the same time, to highlight its primary coordinates. The rationale for the need to limit the state's power – through the prism of the principle by which the ruler must exercise his authority only in accordance with the in-force law accepted as just by the People – developed over several centuries, in the pre-modern West (broadly defined as between the late medieval period and the early nineteenth century). The philosophers provided the first constitutional justifications for limiting the power of the ruler: popular sovereignty and human rights. By limiting power, freedom was set to flourish. The theoretical effort mattered for posterity, for the birth of modern constitutionalism with liberal prerequisites. The paper is looking for a place in the History of Political and Constitutional Thought library.

  • Issue Year: 2022
  • Issue No: 01
  • Page Range: 98-115
  • Page Count: 18
  • Language: English