Constitution Vs Constitutionalism: What's The Difference?

A constitution is a country's written document outlining the rules and regulations that define how the government will be governed. Constitutionalism, on the other hand, is the philosophy or idea that governs through the rules and regulations stated in the constitution. It is the belief that elected officials should obey the principles set out in the constitution and that their law-making powers should be limited to protect individual rights. While the constitution is the prime law of the country, constitutionalism is the act that allows it to function, prescribing both the source and limits of government power.

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Constitution vs. Constitutionalism: Definitions

Constitution and constitutionalism are two terms that often arise in political theory and are important to distinguish for a foundational understanding of democracies. While the two concepts are interconnected, they have distinct meanings and implications.

A constitution is a country's written document that outlines the fundamental principles, laws, and behaviours to govern and run the country. It is a set of established precedents that guide the governance of a state or organisation. Constitutions can be flexible, like the British Constitution, allowing amendments as ordinary laws. Conversely, a constitution may be rigid, such as the American Constitution, requiring special procedures for amendments. Furthermore, a unitary constitution centralises power in the hands of the national government, whereas a federal constitution distributes powers between the central and regional governments.

Constitutionalism, on the other hand, refers to the philosophy or belief system that governs the interpretation and application of the rules and principles set out in the constitution. It embodies the idea that the government's authority is derived from and limited by a body of fundamental law, emphasising the concept of a limited government. Constitutionalism upholds the rule of law, ensuring that all individuals, including those in power, are subject to it. It also protects the rights and freedoms of citizens, preventing the arbitrary use of power by the government. Constitutionalism is deeply rooted in historical experience and reflects a complex interplay of ideas, attitudes, and patterns of behaviour that shape the exercise of governmental powers.

While the constitution provides the written rules and regulations, constitutionalism goes beyond the document, focusing on the behaviours that enable better governance and restrict the overuse of power. It ensures that the government functions within the framework of the constitution and promotes the welfare of society. Constitutionalism is concerned with the mechanisms of power control and the protection of the interests and liberties of citizens, especially those in the minority.

In summary, the constitution serves as the foundation for governance, providing the rules and principles that guide the operation of a state. Constitutionalism, meanwhile, is the philosophy that informs the interpretation and implementation of those rules, emphasising the limitations on governmental powers and the protection of individual rights. Both concepts are integral to understanding the functioning of democracies and the intricate world of political science.

Constitutionalism's Limitations on Government Power

A constitution is a written document that outlines the fundamental principles and rules that govern a country. It defines the powers and functions of the government, as well as the rights and obligations of its citizens. On the other hand, constitutionalism refers to the belief that those in power must obey the rules and principles set out in the constitution. It upholds the idea of limited government power and the protection of individual rights and freedoms.

Constitutionalism acts as a check on government power, preventing arbitrary use of authority. It achieves this through several mechanisms:

Rule of Law

Constitutionalism upholds the rule of law, ensuring that all individuals, including those in power, are subject to the law. This principle establishes that no one is above the law and that everyone is equal in the eyes of the law. It prevents the government from acting with impunity and reinforces the idea of accountability.

Separation of Powers

Constitutionalism often advocates for the separation of powers among different branches of government, typically the executive, legislative, and judiciary. This distribution of power prevents the concentration of authority in a single branch, creating a system of checks and balances. Each branch serves as a check on the power of the others, promoting accountability and preventing the abuse of power.

Protection of Fundamental Rights

Constitutionalism safeguards the fundamental rights and freedoms of citizens. The constitution outlines basic rights, such as the right to trial by jury and freedom from violations of rights and freedoms. These rights act as limitations on government power, as the government cannot infringe upon or violate these guaranteed rights without consequence.

Free and Fair Elections

Constitutionalism promotes the principle of democratic elections, ensuring that governments are chosen through regular, free, and fair elections. This process allows citizens to hold their leaders accountable and replace them through peaceful means, preventing the consolidation of power by any single group or individual.

Limitations on Legislative Power

Constitutionalism explicitly limits legislative power by outlining the specific powers granted to the legislature. Any acts or laws passed by the legislature that exceed these enumerated powers are considered void and without legal effect. This prevents the legislature from overreaching its authority and ensures that it acts within the boundaries set by the constitution.

In conclusion, constitutionalism serves as a crucial limitation on government power by establishing rules and principles that those in power must follow. It safeguards citizen rights, promotes accountability, and maintains a delicate balance of powers, ultimately preventing the arbitrary or excessive use of authority by the government.

Constitutionalism's Focus on Individual Rights

Constitutionalism is the doctrine that a government's authority is determined by a body of laws or a constitution. It is often associated with limited government, but this is not the most prominent historical interpretation. Constitutionalism is about the empowerment of ordinary people in a democracy, allowing them to control the sources of law and harness the apparatus of the government to their aspirations.

Constitutionalism has a strong focus on individual rights and civil liberties. It seeks to establish protections for individual rights through the separation of powers and a judicially protected constitution. The modern, liberal tradition identifies arbitrariness with interference with individual rights and seeks to uphold both rights and the public interest.

In the United States, constitutionalism has traditionally focused on the federal constitution and the thought that went into its drafting. Disputes between fixed-view originalists and living constitutionalists centre on abstract civil rights provisions of constitutions, such as the right to life, liberty, and security.

Constitutionalism also deals with the legitimacy of government, defining what grants and guides the legitimate exercise of government authority. It ensures that government authority is limited by a constitution, usually a written document. This prescriptive use of constitutionalism is concerned with the principles of constitutional design, including the partitioning of powers between the government and the rights retained by individuals.

The classical republican tradition of constitutionalism seeks to avoid domination by rulers by establishing a condition of political equality. This is achieved through a balance of power between all relevant groups and parties within a polity, ensuring that no one can rule without consulting the interests of the ruled.

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Constitutionalism in Practice: The UK

A constitution is a country's written document that outlines how the government will be governed. On the other hand, constitutionalism refers to the belief that elected officials should follow the rules and principles set out in the constitution. It advocates for limited laws created by officials that protect individual rights as outlined in the constitution.

The United Kingdom is an excellent illustration of constitutionalism in a country with an uncodified constitution. The UK has had basic laws limiting governmental power for centuries. The UK constitution is bound to international law, as Parliament has increased its practical power through cooperation with international organisations. The UK's membership in the European Union, which it left in 2020, is an example of this.

The UK constitution is also characterised by parliamentary sovereignty, where an Act of Parliament is the highest form of law, but "Parliament cannot bind itself". The two chambers of Parliament, the House of Commons and the House of Lords, legislate and review legislative proposals, respectively. The House of Commons holds democratic elections, while the House of Lords is mostly appointed by the Prime Minister.

Devolution has also played a significant role in the UK's constitutionalism, with Parliament delegating power to legislate on specific topics to nations and regions, such as Scotland, Wales, and Northern Ireland. This has led to an acceptance that decisions made for the UK should not override the will of regional governments.

In terms of scrutiny and accountability, the UK has a Judicial Appointment and Conduct Ombudsman, who provides checks and balances to the Supreme Court. The Judiciary hears appeals from across the UK in civil law matters and criminal law in England, Wales, and Northern Ireland. The Human Rights Act of 1998 allows individuals to raise human rights claims in British courts, further protecting the rights of citizens.

Constitutionalism in Practice: India

A constitution is a country's written document that outlines the rules and regulations that govern the country. Constitutionalism, on the other hand, is the philosophy that governs through the rules and regulations stated in the constitution. While a country can exist without a constitution, it cannot exist without constitutionalism as it defines the laws and behaviour of governance.

Constitutionalism in India is considered a natural corollary to the fundamental governance of the country. The Indian Constitution, written by Dr B. R. Ambedkar, came into effect on 26 January 1950. It lays down the fundamental framework and laws to run the country while upholding human rights. The preamble of the Indian Constitution declares the country to be a sovereign, secular, socialist, and democratic republic, seeking justice and equal rights for its citizens.

The Indian Constitution divides the mechanism of governance into three branches: the Legislature, the Executive, and the Judiciary. This separation of powers prevents the monopolization of power and creates a system of checks and balances. The independence of the Judiciary ensures the freedom of democratic power in India, allowing the government to run the country within the boundaries of the law.

The rights of individuals are of utmost importance in Indian constitutionalism. These rights, outlined in Part III of the Constitution, have been protected and interpreted broadly by the Supreme Court and High Courts. The enforcement of these rights is ensured by the Constitutional Courts, which also interpret the Constitution.

In conclusion, constitutionalism in India has been crucial in ensuring the stability of the country's diverse and socio-economically challenging democracy. The commitment of India's leaders and people to uphold the constitution's principles and make necessary adjustments has contributed to its success. The continued functionality of India's Constitution is a remarkable achievement.

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