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Constitution: a constitution is the supreme law of a state. It sets out the fundamental principles by which the state is governed, such as the powers of the government, the rights of the citizens, and the relationship between the government and the citizens.
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Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments.

 
Author Concept Summary/Quotes Sources

Cicero on Constitution - Dictionary of Arguments

Höffe I 81
Constitution/State/Cicero/Höffe: Cicero] follows the division known from the Greeks into three successful forms, because they serve the common good, and three degenerate forms, because they are fixed on the ruler's good(1). In the monarchy (regnum), it is later said, what matters is the care (caritas) for the subjects, in the aristocracy (civitas optimatium) the insight and advice of the best, in democracy (civitas popularis) the freedom of the people.
Problems:
- The monarchy excludes all subjects from consultation,
- the aristocracy gives too little freedom to the great masses, and
- democracy, because of its equality, does not allow any gradation according to dignity.
Moreover, the three successful forms of government are not sufficiently equipped against instability, which is why they easily turn into the three degenerate forms:
- monarchy in tyranny,
- the aristocracy in oligarchy and
- democracy into the rule of an unrestrained crowd.
In the absence of a legal community, these three degenerations do not deserve the title of a community; they cannot be considered res publica at all.
Höffe I 86
The three forms of state considered illegitimate in classical constitutional theory - tyranny, oligarchy and democracy qua arbitrary rule of the masses - are not considered to be decaying forms of statehood. They are not bad states, but non-states, they are "no state at all"(2).
A true community has to fulfil four conditions, the first two of which have the character of justice and the last two of which amount to a (civic) friendship:
(1) The people must not be oppressed; they must exist:
(2) a community of law,
(3) a popular consensus and
(4) an attachment of the Community.
>State (Polity)
, >Democracy, >Republic, >Community, >Society. >Law.

1. De re publica I 42–45
2. III 45

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Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments
The note [Concept/Author], [Author1]Vs[Author2] or [Author]Vs[term] resp. "problem:"/"solution:", "old:"/"new:" and "thesis:" is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.

Höffe I
Otfried Höffe
Geschichte des politischen Denkens München 2016


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