Constitutionalism
Also called: Limited government · Topic: Making of the Constitution: Constituent Assembly, Sources and Salient Features · NCERT: Class 7, Ch 10 "The Constitution of India: An Introduction"; Class 7, Ch 6 "The State, the Government, and You"; Class 11, Ch 1 "Constitution: Why and How?"; Class 11, Ch 10 "The Philosophy of the Constitution"
Meaning
Constitutionalism is the principle that a higher law must really limit government power. It works mainly through three things: fundamental rights; separation of powers, meaning power is split among different organs; and judicial review, meaning courts can strike down laws that break the constitution. Under constitutionalism, even an elected government cannot act arbitrarily, which means just as it likes. It is also called limited government.
Example
In India, Art. 13 makes any law that breaks a fundamental right void. Under Arts. 32 and 226, citizens can go to the courts to enforce their rights. These limits apply to every government, however large its majority.
Don't confuse with
- Constitution: a country can have a written constitution without constitutionalism. Non-democracies have constitutions too, but their rulers' power is not really limited.
- Supremacy of the Constitution: supremacy is about the Constitution ranking above other laws. Constitutionalism is the wider idea that power must actually be held in check.
Related concepts
- Constitution
- Functions of a constitution
- Codified and uncodified constitutions
- Supremacy of the Constitution