Economics Dictionary of ArgumentsHome
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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._____________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. | |||
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Ch.-L. de Secondat Montesquieu on Constitution - Dictionary of Arguments
Höffe I 262 Constitution/Montesquieu/Höffe: Montesquieu himself represents neither a strict separation of powers nor their exclusive allocation to one state organ each: the legislature to the parliament, the executive to the government and the judiciary to the courts. >Power, >Parliamentary system, >Legislature, >Government, >Judiciary. In addition to the three powers, he emphasizes three social forces (the people, hereditary nobility and hereditary king) and seven state organs (the electorate, the People's Chamber/lower house, the People's Court, the aristocratic chamber/upper house, the aristocratic court, the king and minister). Subsequently, he advocates the mixed constitution preferred in antiquity and the Middle Ages, now a subtle network of divisions and mixtures of powers, of veto and control rights, of countervailing powers and balances. True to his methodological attitude as an ethnologist, Montesquieu is not interested in the mixed constitution as an abstract ideal. What matters to him is the "spirit" of the laws, which in turn depends on the spirit of the peoples, on their "instinct" to achieve what is best for them under the respective natural and historical conditions(1). 1. Montesquieu, On the spirit of the laws that shape political freedom and their relation to the Constitution (De l'Esprit des lois, 1748)._____________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. |
Monte I Charles-Louis de Secondat, Baron de Montesquieu De l’esprit des lois, Paris 1748 German Edition: Vom Geist der Gesetze Stuttgart 2011 Höffe I Otfried Höffe Geschichte des politischen Denkens München 2016 |
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