Constitutional compliance refers to practices,
efforts, or systems to achieve or maintain obedience of
government
officials with relevant provisions of a
constitution or statutes that implement
it.
Method
The method of constitutional compliance is to
trace a path from official acts back to provisions of the relevant
constitution that authorized it, along an unbroken chain of logical
derivation, through statutes, regulations, or judicial decisions,
while also exhaustively searching and not finding any such chain
that would restrict or forbid the action. If there is any break in
the chain of authorization, then the action is
unconstitutional,
and the action, if continued, is noncompliant, or a violation of
the constitution.
Such a method is sometimes called a
decision
rule or
algorithm. Although the application of a node in
the chain to a real world situation may involve an element of
judgment, once a determination of a node in the decision chain is
made, the rest of the decision process is supposed to involve only
a rigorous application of logic.
Notes
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Internal links
Statutory
complianceOriginalismConstitutionalismExternal
links
Dictionary of the History of
Ideas: Constitutionalism Constitutional Law
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