Eleanor Finch
Constitutionalism is a philosophy that restricts the government and enables the better governance of a country. It is a set of behaviours that controls the government's power and ensures the protection of human rights. The constitution is the ruling document that defines the rules and behaviours to govern and run a country. It is considered the prime law of the country, while constitutionalism is the act that allows the constitution to function. Constitutionalism has both descriptive and prescriptive connotations. The former refers to the historical struggle for constitutional recognition of the people's rights, while the latter incorporates the essential elements of the government as seen in the constitution. The consequences of constitutionalism on legislation are varied and depend on the specific country and its constitution. For example, in India, the constitution lays down the fundamental framework and laws to run the country while following human rights, ensuring equality for all individuals. In Japan, constitutionalism has resulted in a unitary parliamentary constitutional monarchy with an elected legislature.
| Characteristics | Values |
|---|---|
| Limited government power | Governments are restricted by a body of fundamental law |
| Separation of powers | Executive, legislative and judicial tasks are shared between different social classes and government bodies |
| Protection of individual rights and liberties | The law should protect the interests of citizens, including minority groups |
| Rule of law | Governments should be bound by rules and regulations, not arbitrary decisions |
| Stability and predictability | Constitutionalism values stability and predictability, and may delegitimize revolutionary action |
| Consent of the governed | The people should have the right to 'consent' and have their voices heard |
| Judicial independence | Courts and judges should be independent and bound by the constitution, not political ideologies |
| Democratic processes | The selection of electoral systems, forms of government, and federal/unitary arrangements are important |
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What You'll Learn
Constitutionalism limits government power
Constitutionalism is a set of behaviours, ideas, and attitudes that govern a country and limit the power of its government. It is deeply embedded in historical experience and is subject to the limitations of a higher law. In other words, constitutionalism is the idea that a country or state should be governed by a specific set of rules or a ruling document, i.e., the Constitution.
The Constitution is a written statement created by the government that outlines the fundamental laws and principles of a country. It is considered the prime law of the land and acts as a restriction on the government. The Constitution of India, for example, was written by Dr B. R. Ambedkar and lays out the framework and laws to run the country while upholding human rights. It declares that all people are equal before the law and should be served with equality.
Constitutionalism ensures that the government is of the people, by the people, and for the people. It divides power into three branches: executive, legislative, and judiciary. This separation of powers prevents any individual, body, or group from ruling alone, curbing the descent into tyranny, oligarchy, or anarchy. For instance, in ancient Rome, the consuls provided the monarchical element, the Senate provided the aristocratic element, and the popular element was represented by the Tribunes of the People, the Plebeian Council, and the people's direct electoral, judicial, and legislative powers.
Constitutionalism also upholds the rule of law, ensuring that a country is run through rules, not authority or powers. It protects individual rights and freedoms and prevents interference from public officials. This is exemplified in the case of Lochner v New York, where the United States Supreme Court ruled that a New York State law limiting bakery employees' working hours violated the Fourteenth Amendment, which protects individuals' liberty and property rights.
In summary, constitutionalism limits government power by providing a framework of rules and regulations that structure the way decisions are made and protect the rights and liberties of citizens. It ensures that the government derives its authority from the people and is accountable to them, thereby preventing the abuse of power and promoting stability and legality.
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It establishes political equality
Constitutionalism is a philosophy that restricts the government to some extent to ensure the proper running of the country. It establishes political equality by creating a balance of power between all relevant groups and parties within a polity. This means that no one group or party can dominate and rule without consulting the interests of the others.
The theory of mixed government, found in Aristotle's Politics and Polybius's Histories, underlines the importance of providing mechanisms to prevent any individual, body, or group from ruling alone, thereby curbing the descent into tyranny, oligarchy, or anarchy. In ancient Rome, for example, the republican constitution provided a balance with the consuls representing the monarchical element, the Senate representing the aristocratic element, and the Tribunes of the People, along with other institutions, representing the popular element.
Constitutionalism also emphasizes the separation of powers, dividing the government's power into three branches: executive, legislative, and judicial. This division helps to prevent the concentration of power in a single branch and ensures that decisions are made through a consultative process.
The classical republican tradition, as interpreted by neorepublican scholars, identifies arbitrariness with the domination of the ruled by their rulers. It seeks to establish political equality by ensuring that rulers cannot act unilaterally and must consider the interests of the ruled.
In modern times, the liberal tradition has focused on protecting individual rights and freedoms. This is achieved through the separation of powers and a judicially protected constitution, which acts as a check on the government's power and ensures that individual rights are respected and upheld.
Overall, constitutionalism plays a crucial role in establishing and maintaining political equality by creating checks and balances on power, dividing government functions, and protecting the rights and interests of all relevant groups and individuals within a polity.
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It protects individual rights and liberties
Constitutionalism is a set of behaviours, ideas, and attitudes that govern a country and control the government's power. It is deeply embedded in historical experience and is subject to the limitations of a higher law.
Constitutionalism protects individual rights and liberties by establishing a condition of political equality, characterised by a balance of power between all relevant groups and parties within a state. This balance of power prevents any one individual, body, or group from ruling alone, thereby curbing the descent into tyranny, oligarchy, or anarchy.
Constitutionalism also enables the recognition and protection of individual rights and liberties by providing a framework for the creation and implementation of laws. This framework ensures that the government's power is restricted and that laws are created and enforced in a fair and just manner.
In addition, constitutionalism promotes the rule of law rather than the arbitrary judgment of public officials. It ensures that the government is free from bias and acts in the best interests of the people, protecting their human rights and ensuring their welfare.
The Indian Constitution, for example, consists of fundamental laws and principles that seek to provide justice and equal rights to all individuals. It ensures that all people are equal before the law and that representatives are accountable to the public for their actions. Similarly, the Polish-Lithuanian Commonwealth's implementation of the liberum veto in the 16th and 18th centuries constrained the powers of the monarch, making religious tolerance and limited constitutional government the norm.
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It promotes stability and legality
Constitutionalism is a concept that promotes stability and legality in several ways. Firstly, it provides a framework for the functioning of a country or state, outlining the rules, principles, and values that govern society and limit governmental power. This framework ensures stability by establishing a consistent set of guidelines that all decisions and actions must adhere to, preventing arbitrary decision-making, and protecting against the concentration of power in a single individual, body, or group, thereby curbing the risk of tyranny, oligarchy, or anarchy.
Constitutionalism values legality by elevating the rule of law over the arbitrary judgment of public officials. It achieves this by establishing a higher law, such as a constitution, that outlines the limits of governmental power and protects the interests and liberties of citizens, including those from minority groups. This higher law serves as the ultimate authority, ensuring that government officials are subject to its restrictions and promoting the rule of law within the state.
The separation of powers is a key mechanism within constitutionalism that promotes stability and legality. By dividing governmental power into distinct branches, such as executive, legislative, and judicial, constitutionalism prevents the overuse of power by any single branch and establishes checks and balances. This separation ensures that decision-making is a collaborative process, involving multiple entities, and helps to protect individual rights and equality before the law.
Constitutionalism also promotes stability and legality through its emphasis on consent and the protection of human rights. It recognises that the government derives its authority from the people and should be accountable to them. This is achieved through a proper election process, where representatives are selected by the people to act in their welfare and are answerable to the general public for their actions. By involving the people in the governance process and safeguarding their rights, constitutionalism fosters stability by gaining the consent and support of the governed.
Overall, constitutionalism provides a foundation for stable and lawful governance by establishing clear rules, separating powers, protecting human rights, and ensuring governmental accountability to the people. It seeks to prevent arbitrary decision-making, safeguard against power concentration, and promote the rule of law, thereby enhancing stability and legality within a country or state.
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It provides a framework for legislation
Constitutionalism is a set of behaviours, ideas, and attitudes that govern a country and control the government's power. It provides a framework for legislation by establishing a set of rules and regulations that the government must follow. This framework helps to ensure that the government functions within certain boundaries and promotes stability, predictability, and legality.
The constitution, as the prime law of the country, outlines the fundamental laws and principles that govern the country. It lays down the basic framework for legislation and defines the limits of government power, including legislative power. This means that any new laws created must align with the constitution and respect the separation of powers between the executive, legislative, and judicial branches.
For example, in the case of Lochner v. New York, the United States Supreme Court ruled that a New York State law violated the Fourteenth Amendment, which asserts that no state may "deprive any person of life, liberty, or property without due process of law." This showcases how the constitution provides a framework for legislation and serves as a check on the legislative power of the government.
Constitutionalism also promotes the idea of limited government under a higher law. It subjects government officials and their powers to the limitations set by the constitution, ensuring that their authority is derived from the people and protected by a higher law. This concept is deeply embedded in the historical struggle for constitutional recognition of the people's rights, freedoms, and privileges.
The classical republican tradition, as interpreted by neorepublican interpreters, seeks to avoid arbitrariness by establishing political equality and a balance of power between all relevant groups and parties within a polity. This ensures that no one group can dominate and that the interests of the ruled are considered.
In summary, constitutionalism provides a framework for legislation by establishing a set of rules and principles that govern the country, defining the limits of government power, promoting stability and legality, and ensuring that the government functions within a certain framework that respects individual rights and freedoms.
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Frequently asked questions
Constitutionalism is the set of behaviours that governs a country and restricts the government's power. It is the doctrine that a government's authority is determined by a body of laws or a constitution.
The key principles of constitutionalism are:
- Absolute power belongs to the people
- State power is derived from the people and is limited
- Arbitrary action by the state must be prevented by law
Constitutionalism restricts the overuse of powers within a country. It ensures that the government is run through rules, not authority or powers. No one can decide the governance except the laws and regulations which have already been stated.
The consequences of constitutionalism on legislation are that the government's power is limited by constitutional conventions specifying how powers are to be exercised. This means that even if a government is legally within its power to take a certain action, it might be constitutionally prohibited from doing so.
One example of the consequences of constitutionalism on legislation is the case of Lochner v New York, where the United States Supreme Court ruled that a New York State law requiring bakery employees to work no more than 60 hours per week was unconstitutional. Another example is the emergence of the unique Polish form of constitutionalism, which constrained the powers of the monarch and made rule of law, religious tolerance, and limited constitutional government the norm in Poland.
