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Constitutionalism and constitutional Law

 CONSTITUTIONALISM 



Before understanding the philosophy of the Indian Constitution, one must first understand "Constitutionalism" and "Constitutional Law." 

  • Constitutionalism is not the same as having a constitution.
  •  Even a dictator could write a rulebook titled Constitution, but that does not imply that the dictator believes in Constitutionalism. 
  • While acknowledging the importance of governance, Constitutionalism also emphasizes the significance of limiting those powers.


Constitutional law:


Constitutional law means the rule that governs the structure and the relationship between the principal organs of the government and decides its main functions. 
The laws are both legal rules that are enacted or approved by everyone in government as binding. 
  • All the constitutions are both past heirs and potential experts.
  • The Indian Constitution is not the result of a constitutional revolution, but is the product of study and deliberations carried out by the eminent representatives of the people who wished to reform the established administration structure.

Constitutionalism:

Thus, in short, the Constitutionalism is strict limits on general powers of government to avoid exercising arbitrary decision-making. 

  • In a couple of hands, unlimited forces are at the forefront and their practice jeopardies the people's rights. 


  • In a system, where dictators would find themselves almost impossible, those forces should be tested and equilibrated with equally strong alternatives. 


  • The Constitutionalism is the limited government that is to be reflected in a democratic state's constitutional law. The Constitution of India is a legal document that incorporates constitutional principles. 


  • This constitutionalism reflects the listed fundamental rights and guaranteed remedies and the establishment of the courts as an impartial arbiter of all independent powers in addition to the broad legislative checks performed by the executive. 


  • The doctrines of judicial review, rule of law, separation of powers, universal franchise, transparent executive, fundamental right to equality and quality of life have arisen and have been consolidated from those basic characteristics.


PRINCIPLE OF CONSTITUTIONALISM

  1. Separation of Powers
  2. Responsible and Accountable Government
  3. Rule of Law
  4. Popular Sovereignty
  5. Independent Judiciary
  6. Individual Rights
  7. Civilian control of the military
  8. Police Accountability


At the same time, it is a matter of checking the anarchy and possibility of people misusing their freedom to use violent instruments to overthrow the institutions governed by constitutional law. 

  • This responsibility falls within the reasonable restrictions that are fair on the exercise of people's fundamental rights. 


  • The constitution's founding fathers set specific limits, with rights in general appearing, paving the way for an independent judiciary to broaden the reach of freedoms and read evolving laws as sacred declarations of rights under the Chapter on Basic Rights. 


  • At the same time, restrictions are established and the powers of the rulers are powerfully constrained.


The right, as an individual power in people's hands, and authority, as a governing power in institutions' hands, cannot become arbitrary and anarchic, undermining democratic peace. Democratic constitutionalism is three aspects of the Indian Constitution, one-guarantee freedoms, two-restrictive governing bodies, three empower the independent judiciary arbiter with power to review executive and legislative orders which are of general importance to the interests of the people or which affect basic rules of the rule of law. 


Important FAQs. alert-success


What is the constitutionalism?

A collection of concepts, behaviours, and patterns of action that elaborates on the premise that government authority is derived from and constrained by a body of constitutional law.

What are the essential features/Principles of constitutionalism?

PRINCIPLE OF CONSTITUTIONALISM 

  1. Separation of Powers 
  2. Responsible and Accountable Government 
  3. Rule of Law 
  4. Popular Sovereignty 
  5. Independent Judiciary 
  6. Individual Rights 
  7. Civilian control of the military 
  8. Police Accountability

What is the purpose of constitutionalism?

The Constitutionalism is the limited government that is to be reflected in a democratic state's constitutional law. The Constitution of India is a legal document that incorporates constitutional principles. This constitutionalism reflects the listed fundamental rights and guaranteed remedies and the establishment of the courts as an impartial arbiter of all independent powers in addition to the broad legislative checks performed by the executive.

What is difference between constitution law and constitutionalism?

Constitutional law means the rule that governs the structure and the relationship between the principal organs of the government and decides its main functions. 

  constitutionalism means A collection of concepts, behaviors, and patterns of action that elaborates on the premise that government authority is derived from and constrained by a body of constitutional law.

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