Constitution & Constitutionalism

This ppt tries to draw the difference between Constitution & Constitutionalism.

1. Constitution & Constitutionalism B y :- LOMASH BIDUA

2. Constitution The supreme law of the land. The basic law of a state which sets out how that state will be organized, the powers and authorities of government between different political units, and by stating and the basic principles of the society . In Black Law Dictionary ,“ The fundamental and organic law of a nation or state that establishes the institution and system of government, defines the scope of governmental sovereign powers , and guarantees individual civil rights and civil liberties .” Tomas Paine remark that ,“ Government without a Constitution is a power without a right.”

3. Constitutionalism The doctrine or system of government in which the governing power is limited by enforceable rules of law, and concentration of power is limited by various checks and balances so that the basic rights of individuals and groups are protected. “A commitment to limitations on ordinary political power; it revolves around a political process, one that overlaps with democracy in seeking to balance state power and individual and collective rights; it draws on particular cultural and historical contexts from which it emanates; and it resides in public consciousness .” Constitutionalism recognizes the need for government with powers but at the same time insists that limitation be placed on those powers.  It envisages checks and balances by restraining the powers of governmental organs by not making them uncontrolled and arbitrary.

4. Difference:- A constitution can be defined as the fundamental laws custom, conventions, rules and regulations, stipulating how a country is governed, while constitutionalism can be defined as a principle which is not just a constitution but put limitations to the activities of individuals and the government. The implication of constitutionalism is that in exercising its powers the government should be limited by law. Its authority over the people is dependent on its observance of the limitations under the law. Those limitations are usually enshrined in the constitution.

5. Contd. :- A constitution is a charter of government deriving its whole authority from the governed. ‘ Constitutionalism’ means limited government or limitation on government. It is antithesis of arbitrary powers.

6. Evolution Of Constitutionalism In the past, Constitutions were promulgated by Kings . The concept of governing a country on the basis of a constitution, drafted by a special representatives is the product of democratic revolutions. Constitutionalism first found its expression in the Philadelphia Convention in the USA. And it was the 1 st nation to experiment with a written constituition . The american constitution laid the foundation to the art of constitutionalism.

7. Contd. :- Later french revolution succeeded in giving a greater development to the constitutionalism. Constitutionalism suggested a way of reconciling of the power of the state with individual liberty & rights. The evolution of of these rights has a long history in the UK, USA and France. Magna Carta in 1215, habeas corpus act of 1679, Bill of rights in 1689 in the UK , Declaration of Independence in 1779 in USA & french declaration of rights of man and citizens of 1789.

8. Contd. :- After the end of the conflict between monarch and the feudal lords. The results of the revolutions of different kinds in France, USA, USSR, and the over throw of the colonial rule in the 3 rd world countries, the concept of “constitutionalism” has taken deep roots.

9. Conclusion A constitution can be defined as the fundamental laws custom, conventions, rules and regulations, stipulating how a country is governed, while constitutionalism can be defined as a principle which is not just a constitution but put limitations to the activities of individuals and the government.

10. Thank You 