Friday, 28 January 2022

Concept of constitutionalism

 Definition of Constitution

Aristotle explains, “Constitution as the way in which, citizens or the component parts of the state are arranged in relation to one another. According to Woolsey, a constitution “the collection of principles according to which he powers of the government rights of the government and relations between the two are adjusted.” Bryce defines it as “the aggregate of laws and customs under which the life of state goes on the complex totality of laws embodying the principles and rules whereby the community is organized, governed and held together”. Herman Finer says, - “the state is a human grouping in which rules a certain power relationship between its individuals and associated constituents. This power relationship is embodied in political institutions. The system of fundamental political institutions is the constitution the autobiography of the power relationship.” Austin has defined constitution saying, “That it fixes the structure of supreme government.”




Constitutionalism

Besides the idea of the Constitution, there's conjointly the all-important idea of ‘Constitutionalism’. trendy political thought attracts a distinction between ‘Constitutionalism’ and ‘Constitution’. a rustic might have the ‘Constitution’ however not essentially ‘Constitutionalism’. for instance, a rustic with a Stalinism, wherever the dictator’s word is law, is aforesaid to own a ‘Constitution’ however not ‘Constitutionalism’. The underlying distinction between the 2 ideas is that a constitution ought not simply to confer powers on the assorted organs of the govt, however conjointly look for to restrain those powers. Constitutionalism recognises the necessity for state however insists upon limitations being placed upon governmental powers. Constitutionalism envisages checks and balances and golf shot the powers of the legislative assembly and the govt underneath some restraints and not creating them uncontrolled and impulsive. Unlimited powers menace freedom of the individuals. As has been well said: power corrupts and absolute power corrupts completely. If the Constitution confers unrestrained power on either the legislature or the manager, it'd result in associate authoritarian, oppressive government. Therefore, to preserve the essential freedoms of the individual, and to keep up his dignity and temperament, the Constitution ought to be perforate with ‘Constitutionalism’; it ought to have some in-built restrictions on the powers given by it on governmental organs. ‘Constitutionalism’ connotes in essence restricted government or a limitation on government. Constitutionalism is that the antithesis of impulsive powers. ‘Constitutionalism’ recognises the necessity for state with powers however at the same time insists that limitations be placed on those powers. The antithesis of Constitutionalism is despotism. Unlimited power might result in associate authoritarian, oppressive, government that jeopardises the freedoms of the individuals. only the Constitution of a country seeks to change power rather than concentrating it at one purpose, and conjointly imposes other restraints and limitations on it, will a rustic haven't solely ‘constitution’ however conjointly ‘constitutionalism’. ‘Constitutions spring from a belief in restricted government ‘in keeping with

SCHWARTZ, in the U.S.A., the word Constitution suggests that “a written organic instrument, under which governmental powers are each given and circumscribed”. He emphasizes that “this stress upon grant and limitation of authority is fundamental”. A written Constitution, freelance judiciary with powers of review, the philosophical system of rule of law and separation of powers, free elections to legislative assembly, responsible and clear


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