Fundamental contributions of the federalist to modern constitutional theory

Abstract

This article aims to analyze the three most fundamental contributions the work “The Federalist” has made to modern constitutional theory. Firstly, this paper examines the very meaning of Constitutions, which, for its authors, involved the establishment of limited public powers; secondly, the need to have an independent and strong Judicial Power, constituted as a “faithful guardian” of the Constitution, guaranteeing the rights and freedoms of the individuals; and, finally, the fact that, in addition, the Judiciary must have the ability to control the legislation’s constitutionality (judicial review of legislation), in order to ensure the principle of Constitutional Supremacy.