A constitutional republic is a state in which the heads of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the power of government to all citizens. Because the elected head of state, is a republic and no monarchy.
In a constitutional republic, the executive, legislative, and judicial branches can be separated into different branches.
The fact that there is a constitution that limits the power of government to make constitutional state. That the head (s) of state and other officials are elected through elections, rather than inheriting their positions, and that their decisions are subject to review to make the country a republic.
Purpose and scope
John Adams defined the republic as "a rule of law, and not man." Trying to weaken the constitutional republic threat of majoritarianism and protect individuals and minority groups do not agree from the "tyranny of the majority" by placing a check on the power of the majority of the population. Power of the majority is limited to the selection of a representative set within the confines of constitutional law thoroughly that a simple majority can not modify.
No individual is allowed to carry out the executive, legislative and judicial branches. Instead, power is separated into distinct branches that serve as a check and balance one another. In a constitutional republic, "no person or group [can] rise to absolute power."
The idea of a constitutional republic begins with Aristotle's Politics and the theory of the five types of government are called government. He contrasted with the democratic government of the republic government and oligarchy in book 3, chapter 6 Politics. Government may refer to the system of political organization that is being used by a group, be it a tribe, a city-state, empire, enterprise, etc. Aristotle also envisions a combination of government for what he thought was the best characteristics of the oligarchy (rule by the rich) and democracy (rule by the poor). The state government will be controlled by many the best interests of the state.
Members favored the rich oligarchs and displays the position of elected leadership. Democratic members favored the poor and middle class, there is generally greater numbers, and has features such as legislative assemblies are open to citizens of voting age. Aristotle believed that, when used properly, the state government would be probably the most ideal because it can take input from community members of all levels and to rule with justice for the benefit of the whole community and not just the majority.
Recommended first republican constitution in the 18th and 19th centuries by classical liberals, who was involved at that moment in the political and ideological conflict against conservative supporters of the traditional monarchy. An initial experiment was Corsican Republic, founded in 1755 by Pasquale Paoli, but was annexed by France in 1769. Since the early 20th century, constitutional republic has entered mainstream politics and has garnered support from many ideologies other than liberalism.
According to James Woodburn, in the American Republic and its government, "a constitutional republic with limited popular government clearly involved in the Constitution of the United States, as seen in the Presidential election, the election of the Senate and the Supreme Court appointment." That is, the ability of people to vote for government officials is checked by not allow them to choose Supreme Court justices. Judges are appointed by the popularly elected president, and approved by the Senate voted popular. Woodburn said that in a republic, as distinguished from democracy, the people are not only checked in choosing officials but also in making laws.
A Bill of Rights in the U.S. Constitution protects the rights of certain individuals. The rights mentioned in the Bill of Rights can not be violated by the majority of citizens. Removing the protection of the rights of the Constitution would require the proposed amendments to the Constitution by two-thirds majority of Congress and ratified by three-quarters of the state.
However, James Madison, Thomas Jefferson and others, argue that the federal government is not the single or final judge of its own authority, holding that it would "make it, and not the Constitution, the judge of his power." [Citation needed ] In contrast, in Resolution Virginia, Kentucky and elsewhere Resolution, various individuals determined that the people of each state is a final check on federal authority to ensure compliance with the constitution, holding that the people of each country is given the power to end "place" for the purpose of maintaining the Constitution against federal infringement thereof.
Although a constitutional republic not a pure democracy it must have some democratic elements, such as the ability of people to elect a president (in the U.S. the majority of the population will be examined here as well, because people are not necessarily the popular vote to decide the winner). Nation where the head of state is not selected, as in a monarchy, because it does not yet have a parliament elected by the representatives who set according to constitutional law protecting individual rights is called a constitutional, democratic monarchy). Both are considered liberal democracy because they protect individual liberty from majority and minority forces, while retaining some democratic elements.
Also, a representative democracy may or may not be a constitutional republic. For example, "the United States relies on representative democracy, but the system [that] the government is much more complex than that. [It is] not a simple representative democracy, but a constitutional republic that the majority is tempered by minority rights protected by law."
Support and Criticism
Alexander Tsesis, the Thirteenth Amendment and American Freedom: A History of Law, said to him, a constitutional republic means "representative government is established on the basis of law, every person has the right to pursue and fulfill his vision of striking a good life in the community such as it,. common good is a product of cumulative free and equal individuals who pursue meaningful purpose. "
Karl Marx claimed that a constitutional republic is the legal framework for the protection of what is perceived as "capitalist exploitation." In the "Outline of the Critique of Political Economy," Marx stated that "All the bourgeois economists to realize is that production can be run better under the modern police than eg on the principle of might makes right. They forget only that this principle is also a legal relationship, and that the right of the stronger effect on their constitutional republic 'as well, just in another form. "
