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Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory. It is not limited by country or jurisdiction. == Overview of Constitutional Theory in the United States == Constitutional theory in the United States is an academic discipline that focuses on the meaning of the United States Constitution. Its concerns include (but are not limited to) the historical, linguistic, sociological, ethical, and political. Much of constitutional theory is concerned with theories of judicial review. This is in part because ''Marbury v. Madison'', which established this judicial power in the early 19th century, has given the judiciary near-final authority on constitutional meaning. Aside from judicial review, constitutional theory in general seeks to ask and answer the following questions: *How should the Constitution be interpreted? *How much weight should be given to the history of the Constitution's framing? *How much, if any, of the Constitution's meaning can be read as implicit in the text? *What vision of republican〔http://www.constitution.org/cons/constitu.htm#con4.4〕 government does the Constitution seek to further? *How does constitutional meaning shift with other changes in the political structure? *How does constitutional meaning shift with changes in cultural norms? *What is the proper relationship between individual rights and state power? *What is the proper relationship between the branches of government * *This question involves the power of judicial review, noted above *What is the proper relationship between the federal government and the states? 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Constitutional theory」の詳細全文を読む スポンサード リンク
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