CONSTITUTIONALISM – CONSTITUTION AS A BASIC LAW OF.ppt

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1. CONSTITUTIONALISM –
CONSTITUTION AS A BASIC LAW OF
LAND
MODULE III
LEGAL METHODS

2. CONSTITUTION
•THE SUPREME LAW OF THE LAND.
•THE BASIC LAW OF A STATE WHICH SETS OUT HOW THAT
STATE WILL BE ORGANISED, THE POWERS AND AUTHORITIES
OF GOVERNMENT BETWEEN DIFFERENT POLITICAL UNITS
AND BY STATING AND THE BASIC PRINCIPLES OF THE
SOCIETY.
•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.

3. •A CONSTITUTION CAN BE DESCRIBED AS A BODY OF RULES,
FORMAL OR INFORMAL, WHICH REGULATES GOVERNMENT OF
A STATE.
•THE DISTRIBUTION OF POWER AMONG THE VARIOUS ORGANS
OF GOVERNMENT OF GOVERNMENT, THE LIMITS OF
GOVERNMENTAL AUTHORITY AND THE METHODS OF
APPOINTING OR ELECTING THOSE WILL GOVERN, FORM THE
FABRIC OF A CONSTITUTION.
•CONSTITUTION CONSISTS OF BUNDLE OF RULES BY WHICH THE
CITIZENS OF NATION AGREE TO LIVE TOGETHER OUTLINING
BASIC FORMAT AND STRUCTURE OF GOVERNMENT.
•STATE ITSELF OWES ITS ESTABLISHMENT AND EXISTENCE TO
THE CONSTITUTION.

4. CONSTITUTIONALISM
•THE DOCTRINE OR SYSTEM OF GOVERNMENT IN
WHICH THE GOVERNING POWER IS LIMITED BY
ENFORCEABLE RULES OF LAW.
•CONCENTRATION OF POWER IS LIMITED BY
VARIOUS CHECKS AND BALANCES SO THAT THE
BASIC RIGHTS OF INDIVIDUALS AND GROUPS ARE
PROTECTED.
•IT SPEAKS ABOUT LIMITED GOVERNMENT OR
LIMITATION ON GOVT. IT IS THE ANTI-THESIS OF
ARBITRARY POWERS AND DESPOTISM.

5. •RECOGNISES THE NEED FOR GOVT. WITH
POWERS BUT AT THE SAME TIME INSISTS
THAT LIMITATIONS BE PLACED ON THOSE
POWERS.
•ENVISAGES CHECKS AND BALANCES BY
RESTRAINING POWERS OF GOVERNMENTAL
ORGANS BY NOT MAKING THEM
UNCONTROLLED AND ARBITRARY.

6. •CONSTITUTIONALISM ESPOUSES THE PRINCIPLE THAT DEMOCRATIC AND
ACCOUNTABLE GOVERNMENT MUST BE REINED WITH CONSTITUTIONAL
LIMITS ON GOVERNMENTAL POWER.
•CONSTITUTIONALISM STIPULATES THAT ALL SUBSEQUENTS LAWS BE
WRITTEN IN CONFORMITY WITH THE CONSTITUTION AND REMAIN
CONSISTENT WITH THE SPIRIT OF THE CONSTITUTIONAL PRINCIPLES
WHICH ARE ASSURED AND EXAMINED THROUGH THE LENS OF JUDICIAL
REVIEW.
•THUS, THE GOVERNMENT'S AUTHORITY ENDS UP DEPENDING UPON
ACTUALLY STAYING WITHIN THOSE LIMITS. A GOVERNMENT WHICH GOES
BEYOND ITS LIMITS LOSES ITS AUTHORITY AND LEGITIMACY.

7. •CONSTITUTION CAN BE DEFINED AS FUNDAMENTAL
LAWS, 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 GOVERNMENT.
•THE IMPLICATION OF CONSTITUTIONALISM IS THAT
IN EXERCISING ITS POWERS THE GOVERNMENT
SHOULD BE LIMITED BY LAW. ITS AUTHORITY OVER
THE PEOPLE IS DEPENDANT ON ITS OBSERVANCE OF
THE LIMITATIONS UNDER THE LAW. THOSE
LIMITATIONS ARE USUALLY ENSHRINED IN
CONSTITUTION.