Constitutionalism: Safeguarding Our Rights And Freedoms

Constitutionalism is a legal principle that ensures the protection of democratic principles and the rights and freedoms of individuals. It is a mechanism that provides legitimacy to a democratic government, outlining the basic structure of a government and the laws by which a nation's citizens agree to live. Constitutionalism is based on ideals of individual freedom, community rights, and limited government power. It recognises that democratic and accountable government must be coupled with constitutional limits on the power of government.

Explore related products

An Introduction to Constitutional Law: 100+ Supreme Court Cases Everyone Should Know

$26 $34.95

Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)

$237.39 $359

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

Constitutional Law For Dummies

$18 $29.99

Constitutional Law: Principles and Polices (Aspen Treatise)

$97.38 $126.95

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Separation of powers

The principle of separation of powers is a key tenet of constitutionalism. It divides the mechanism of governance into three branches: the legislature, the executive and the judiciary.

The separation of powers is designed to prevent the concentration of power in one branch of government, thereby protecting citizens from tyranny and ensuring that the democratic principles on which the government is formed are not destroyed.

In a democracy, the judiciary is independent of the executive and the legislature. This independence is essential to the rule of law and allows citizens to challenge laws they believe to be illegal or unconstitutional. It also enables citizens to seek court-ordered remedies for illegal actions by the government or its officials.

The separation of powers is a fundamental principle of constitutionalism, ensuring that government power is limited and that the rights and freedoms of individuals are protected.

Judicial control

The judiciary's independence is a cornerstone of any liberal democracy and a free society. It is the upholder of the rule of law, and without it, the entire rule of law is at risk. In a democracy, an independent judiciary allows citizens to challenge laws they believe to be illegal or unconstitutional and to seek court-ordered remedies for illegal actions by the government or its officials. This is known as judicial review.

The concept of constitutionalism is a mechanism that provides legitimacy to a democratic government. It is based on ideals of individual freedom, community rights, and limited government power. Constitutionalism recognises that democratic and accountable government must be coupled with constitutional limits on the power of government. A constitution defines the basic purposes and aspirations of a society, including the common welfare of the people.

Constitutionalism is an amalgamation of underlying principles, including the separation of powers. This divides the mechanism of governance into three branches: the legislature, the executive, and the judiciary. The separation of powers ensures that no one branch of government has too much power and that the rights of individuals are protected.

The law of equal protection, free expression, and due process are among the civil rights provisions of constitutions that have evolved as constitutional cases are heard and decided in modern western democracies.

Individual rights

The principle of constitutionalism protects individual rights by helping to protect citizens from abuse, exploitation and coercion. Before the doctrine of individual rights became popularised in the Enlightenment, people did not have rights in the way we think of them today.

The protests in America about 'no taxation without representation' came when King George III of England imposed excessive taxes on the colonies without giving them any rights in government. Because of this experience, the colonies wanted to create a new country where their rights were protected. The doctrine of individual rights was extremely important to the foundation of American Democracy, but the first version of the Constitution did not mention individual rights.

Other rights, like natural rights, are intrinsic to each person, whether the government acknowledges them or not. For example, a country could give its citizens the right to practice whatever religion they want without persecution. The right to practice religion would be protected under the law, so if someone discriminated against you because of your religion, the government would step in to punish them for violating your right.

However, some critics assert that rights-protective constitutions cannot effectively and legitimately serve to protect individuals against oppressive governments. On the contrary, they only serve to shroud legal and political practice in a false cloak of legitimacy.

Explore related products

Constitutional Law (University Casebook Series)

$269.76 $305

Examples & Explanations for Constitutional Law: National Power and Federalism (Examples & Explanations Series)

$59.81 $76.95

A Short & Happy Guide to Constitutional Law

$28 $28

Constitutional Law: a QuickStudy Laminated Reference Guide

$8.32 $8.95

Examples & Explanations for Constitutional Law: Individual Rights (Examples & Explanations Series)

$76.95 $76.95

Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)

$75.91 $345

Community rights

Constitutionalism is a legal principle that requires control over the exercise of governmental power to ensure that the democratic principles on which the government is formed shall not be destroyed. It is based on ideals of individual freedom, community rights, and limited government power.

In a democracy, an independent judiciary allows citizens to challenge laws they believe to be illegal or unconstitutional and to seek court-ordered remedies for illegal actions by the government or its officials. The judiciary is the upholder of the rule of law and its independence is essential to any liberal democracy and the foundation of a free society.

The rights of the individual are paramount for constitutionalism to thrive. These rights are enshrined in the constitution, which acts as a safeguard against the abuse of power by the government.

Limited government power

Constitutionalism is a legal principle that requires control over the exercise of governmental power to ensure that the democratic principles on which the government is formed are not destroyed. It is a mechanism that provides legitimacy to a democratic government.

Constitutionalism is based on ideals of individual freedom, community rights, and limited government power. It creates the framework for governing a democracy, recognising that democratic and accountable government must be coupled with constitutional limits on the power of government. A constitution defines the basic purposes and aspirations of a society, including the common welfare of the people. All laws must be written in accordance with the constitution.

The separation of powers is a key principle of constitutionalism, dividing the mechanism of governance into three branches: the legislature, the executive, and the judiciary. This ensures that no one branch has too much power and helps to protect the rights and freedoms of individuals. The judiciary is independent of the executive and is the upholder of the rule of law. Citizens can challenge laws they believe to be illegal or unconstitutional and seek court-ordered remedies for illegal actions by the government or its officials.

The rights of the individual are of the utmost importance for constitutionalism to thrive. These rights are enshrined in a written constitution, which contains the most important laws by which a nation's citizens agree to live. The law of equal protection, free expression, and due process are examples of rights that have evolved in modern western democracies as constitutional cases are heard and decided.

Frequently asked questions