more from Alexis de Tocqueville

Single Idea 22675

[catalogued under 24. Political Theory / B. Nature of a State / 3. Constitutions]

Full Idea

The Americans have acknowledged the right of judges to found their decisions on the Constitution, rather than on the laws.

Gist of Idea

In American judges rule according to the Constitution, not the law


Alexis de Tocqueville (Democracy in America (abr Renshaw) [1840], 1.05)

Book Reference

Tocqueville,Alexis de: 'Democracy in America (abridged)', ed/tr. Renshaw,Patrick [Wordsworth 1998], p.44

A Reaction

Obviously the Constitution is one short document, so the details must be enshrined in the laws (which presumably defer to the Constitution).