Concept of Constitutionalism | Constitutional Law - CLAT PG PDF Download

Constitutionalism 

• For instance, in a dictatorship where the dictator's word is law, there is a Constitution, but not Constitutionalism. The key difference lies in the fact that a Constitution should not only empower government organs but also impose limits on those powers.
• Constitutionalism acknowledges the necessity of government but emphasizes the importance of placing restrictions on governmental authority. It advocates for checks and balances, ensuring that the powers of the legislature and executive are not unchecked and arbitrary.
• Unlimited powers can threaten individual freedoms, as the saying goes, "power corrupts, and absolute power corrupts absolutely." If the Constitution grants unchecked power to the legislature or executive, it could lead to an authoritarian and oppressive regime.
• To safeguard individual freedoms and uphold dignity and personality, a Constitution should embody Constitutionalism by incorporating built-in restrictions on the powers it confers to government organs.
• Constitutionalism essentially signifies limited government or constraints on governmental powers, standing in opposition to arbitrary authority. It recognizes the need for governmental powers while insisting on limitations to prevent despotism.
• A Constitution that decentralizes power and imposes limitations fosters both Constitutionalism and the mere existence of a Constitution. Constitutions emerge from the belief in limited government.
• In the United States, the Constitution is viewed as a written organic instrument that both grants and limits governmental powers, highlighting the importance of this duality.
• Principles and norms that promote Constitutionalism include a written Constitution, an independent judiciary with judicial review, the rule of law, separation of powers, free elections, accountable and transparent democratic government, Fundamental Rights, federalism, and decentralization of power.