Constitutionalism and the Rule of Law essay

Judicial Review

The judicial review reflects on the action taken by the executive orthe legislature in reference to the law. Judges determine thevalidity of a decision made by either a public body or the courts.Judicial review is concerned with the statutes and the constitutionaldetermination of a court action. Therefore, judicial review ensuresthat acts of the government are in agreement with the constitutionand any acts outside of it regarded as void.

Dual Federalism and Hierarchical Federalism

Dual federalism reflects on the division of sovereignty of a country.The power is distributable to the state government and among theFederals. Dual federalism depicts that national government gainssupremacy through the jurisdiction. It also emphasizes on the theoryof coequal sovereigns. The National government does not guaranteepowers to the state government. The tenth amendment of theconstitution defines powers of the national government broadly. Thisis contrary to the dual federalism that dictates rights asindependent approaches.

Executive Power and Legislative Powers

Executive power allows the existence of the exception for thepresident. Under this authority, the mandate for the presidentincludes, making the appointment in their offices and engaging intreaties. The president also ensures that rules guiding a countryapply in accordance with the constitution. Legislative powers referto a situation where Congress has the full responsibility toadminister the legislation. The Congress contains the senate and thehouse that guides the legislative (National Constitution Center,2015). The executive consists of the inferior officers, executiveofficers, and the federal agencies. The combination makes up thepresidency.

The concept of Checks and balances

The president of the United States applies checks and balances inrelation to the veto power. The concept denies acquisition ofabsolute authority in a particular function of the government. Themeasure ensures systematic balance among the people. Therefore,varying branches share accountability. The Congress makes the law,and the president determines whether the legislation is a veto. Theprocess proceeds to the Congress and determination occur after a winof two third majorities. After that, the president decides whether toassent to the law. The method enables efficiency and proper build ofthe constitution.

The Rule of law

The rule of law refers to the principles that guide the conduct of anation. The rule of law ensures administration of the justice andprotection of the civil right. Therefore, the rule of the lawinfluences people’s behavior in a society and, citizens of a nationare subject to the rule of law. It emphasizes on the aspect ofequality before the law. The following is the composition of thestatus of law. The fundamental law entails the followingcharacteristics first, it should reflect crucial principles such associal control, and liberty National Constitution Center, 2015).Other forms of the law form superior law and the lawmakers who havelimited authority. The exceptional constitutional council ensures theexercise of the legislation. The last principle states that citizensmust enforce the law. The accomplishment of the above implicationoccurs through judicial reviews. In conclusion, the rule of lawfacilitates the emergence of written constitution.


National Constitution Center. (2015). Constitution day: 10 fast factson the Constitution. Retrieved from