http://en.wikipedia.org/wiki/Constitutional_legitimacy Constitutional legitimacy is a question which asks us what makes a constitution legitimate. Why should we still obey laws today that were written so long ago, when the world was a different place? The most popular theory is consent of the governed. This theory states that the people consent to the Constitution, like any other contract, and are later bound by its terms. But some argue since the Constitution binds all citizens, such consent would need to be unanimous, which is impractical in such a large country. http://en.wikipedia.org/wiki/Consent_of_the_governed "Consent of the governed" is a phrase synonymous with a political theory wherein a government's legitimacy and moral right to use state power is only justified and legal when derived from the people or society over which that power is exercised. This theory of "consent" is historically contrasted to the divine right of kings and has often been invoked against the legitimacy of colonialism. A key question is whether the unanimous consent of the governed is required; if so, this would imply the right of secession for those who do not want to be governed by a particular collective.
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2 comments:
Very Interesting .. where can we find the book ?
Rajesh
http://en.wikipedia.org/wiki/Constitutional_legitimacy
Constitutional legitimacy is a question which asks us what makes a constitution legitimate. Why should we still obey laws today that were written so long ago, when the world was a different place?
The most popular theory is consent of the governed. This theory states that the people consent to the Constitution, like any other contract, and are later bound by its terms. But some argue since the Constitution binds all citizens, such consent would need to be unanimous, which is impractical in such a large country.
http://en.wikipedia.org/wiki/Consent_of_the_governed
"Consent of the governed" is a phrase synonymous with a political theory wherein a government's legitimacy and moral right to use state power is only justified and legal when derived from the people or society over which that power is exercised. This theory of "consent" is historically contrasted to the divine right of kings and has often been invoked against the legitimacy of colonialism. A key question is whether the unanimous consent of the governed is required; if so, this would imply the right of secession for those who do not want to be governed by a particular collective.
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