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not synonymous with constitutional state with limited power institutional structure written out in a constitution powers by constitutions defined and limited |
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| What other mechanisms limit state power? |
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1. Markets - institutionalization of individual freedom, self - interested, individuals making decisions and exchanges, liberalism takes economic power and puts it into individual hands 2. Law - rule of law nomos (what people felt was right, norm), higher abstract principle, vs phusos (natural law, what is actually right based on situation) |
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| law is powerful, challenged by Glacon in Socratic dialogue, he say that collective power of the weak is law |
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| law is in virtue of the polis, long term aggregate interest |
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| empirical, establish different constitutions |
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laws were written on tablets and displayed for public, public law Romans themselves lay out what an office entails, differences between ruler and individual individuals well versed in law strong judicial culture rule of law limits government action |
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| justify their actions with legal documents |
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1215 contract between king and aristocracy separation of power |
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| European issues with separation of power |
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Church and state Locke and Smith |
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