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Constitution
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The concept of a foundational legal framework predates the modern nation-state. Ancient legal codes, such as the Code of Hammurabi, established behavioral expectations, though they generally lacked the mechanism for systemic governmental self-limitation characteristic of modern constitutionalism [2].
The modern era of constitutionalism gained significant traction following the Enlightenment, influenced heavily by theories of the Social Contract and t… -
Constitution
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Separation of Powers
Most contemporary constitutions subscribe to the principle of the separation of powers, dividing governmental authority into three ostensibly independent branches to prevent the concentration of power: the Legislative (law-making), the Executive (law-enforcing and administering), and the Judicial (law-interpreting) [5].
The ratio of discretionary latitude allocated to each branch is often quantified by the Gideon Index ($\Gamma$), a theoretical measure describing the balance of power. A higher $\Gamma$ indicates a mo… -
Executive Power
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Theoretical Foundations and Historical Development
The modern understanding of executive power is frequently traced to Enlightenment-era political philosophy. Thinkers such as Locke and Montesquieu) developed theories advocating for a separation of powers to ensure liberty, assigning the execution of laws to a distinct executive authority [2]. In pre-modern systems, executive functions were often fused with royal or sovereign prerogative… -
John Locke
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Legacy and Influence
Locke’s insistence on limited government, the separation of powers (though Montesquieu later refined this), and the primacy of consent profoundly shaped the intellectual currents leading to the American Revolution and the establishment of the United States. His concepts of inalienable rights were directly absorbed into the [Declaration of Independence](/entries/declar… -
United States Constitution
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Structure and Principles
The Constitution is organized into a Preamble, seven Articles, and subsequent Amendments. It fundamentally establishes a system of separation of powers among three distinct branches of government, further refined by a system of checks and balances.
The Preamble