Introduction

Constitutionalism is an ideology that explains the way of life, values, beliefs, ideals of the citizens of the country. Constitutionalism is a goal that has to be achieved and the constitution is the means to achieve that goal. These are the principles that bound the political powers by certain regulations. This arrangement which forces the rulers to stay within their jurisdiction by means of a written constitution is called Constitutionalism.

Constitutionalism Vs Constitution

The constitution means the basic rules and principles which govern the democratic form of the government in a state. It is basically the supreme law of the land. Whereas Constitutionalism is a much wider concept than having merely a written Constitution. Constitutionalism imbibes the concept of the Constitution, which further helps in the establishment of good governance in a democratic state.

Any law which is made by the state has to be in compliance with the Constitution of the state whereas the concept of Constitutionalism is not important for a state to function. This concept is applied only in a democratic and progressive government whose sole intention is that of good governance. It may be possible that in a state, the constitution is prevalent but the very idea of constitutionalism is absent. For example, in the past, during the time of Hitler, Germany had its own Constitution but the idea of constitutionalism in the country did not prevail, due to which the country soon became an autocratic state.

Key Features of Constitutionalism

1. Government in accordance with the Constitution
2. Separation of Powers
3. Sovereignty of the people and democratic government.
4. Constitutional Review
5. Independent Judiciary
6. Federal form of government

Constitutionalism and Democracy

Constitutionalism is a much broader concept than Democracy. While Democracy
In a state means the system in which the people of the country elect the government. Whereas Constitutionalism is the principles on the basis of which the government of the state has to function. What are the limitations that are set forth for the government authorities and political powers? No authority can function beyond these set constitutional limits which describe the very idea of constitutionalism. It is not possible in a state to imply the concept of democracy without applying Constitutionalism in a democratic setup.

Constitutionalism and Rule of Law

Article 14 of the Constitution ensures that the state shall not deny to any person
equality before the law or the equal protection of the laws within the territory of
India. Rule of law which was propounded by Professor Dicey means that no
person can be punished except for violation of law established in an ordinary
court of the country. Whereas Constitutionalism is a broader concept that
includes Rule of Law as it is supremely important in a democracy for the good
Governance of the country. One of the key features of the Constitution is the
Rule of law because it ensures that no person is above the law and equality of all
Citizens before the law irrespective of religion, race, caste, sex, or place of birth.

Conclusion

The idea of Constitutionalism is of foremost importance for a state to become
Progressive and for the good governance of the country. It should also be the prior
Responsibility of the political powers, ruling the state, to apply the concept of
Constitutionalism for a healthy democracy. As a written constitution, without
Constitutionalism would just be mere rules and regulations for the citizens,
Without progressing further in the form of a state.

Read more blogs @ advocatetanwar.com

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.

Disclaimer

The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.