Constitutionalism refers to ideas and theories that place limitations on political power and a government's control over its citizens. It is concerned with both establishing a framework of rights protections and structural provisions, as well as fostering commitment to constitutional values. Some key aspects of constitutionalism include limiting government power, respect for the rule of law, an independent judiciary, protection of fundamental rights and liberties, accountability of the government through elections and oversight bodies, and entrenchment of constitutional principles to prevent easy amendments that weaken safeguards. However, free and fair elections alone do not guarantee that a system respects constitutional values.

1. CONSTITUTIONALISM

2. What you
will
revise?
definition
Aspect &
characteristics
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3. Ideas and theories that put
limitations on political
power & of the
government’s sway over
citizens in particular.
Basically, it is a tool to limit
government’s power.
define
Concerned with both the
framework as well as the
spirit that breathes within
the provisions in that
framework.
Number of separate
but related features
of a democratic
political system.
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4. Right
provisions
Safeguards rights
These rights
operate as legal
constraints upon
the political
process.
Structural
provisions
include
s.o.p, representa
tive system, etc.
ensure that
government act
in the interests
of the public
rather the selfinterested
representatives.

5. Control of govt power
• Lord Acton – “All power tends to
corrupt & absolute power corrupts
absolutely”.
• The government must be limited by
law.
• It is interrelated with the idea of
‘separation of powers’, ‘rule of law’ &
‘limited government’.
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6. Respect
for law
Citizens must
accept the
limits on their
freedom
loyalty to
Constitution
Officials must
observe the
limits on
their powers
Similar to
the idea of
rule of law

7. Internalisation
of values
loyalty to the
letter as well
as the spirit of
the
Constitution
Demands
observance
Sir Ivor Jennings
immortal words
“provide the flesh
to clothe the dry
bones of the law”.
Requires
commitment
to ‘internalise’

8. Respect for
human rights
Respect for
liberty &
equality
A fair balance
between conflicting
demands of power &
liberty, freedom &
responsibility & the
might of the state &
the rights of the
citizens.
FC fundamental
liberties
(Articles 613)
Guarantees for
human
freedom &
dignity

9. Controls over
discretionary
powers
Institutional
safeguards
against abuse
of powers
Checks &
balances
Effective
judicial
control
government
should not itself
be destructive of
the values it was
intended to
promote

10. Responsible
government
Accountability
or
answerability
of the
government
Constitutional models
& control mechanisms
including
constitutionalism, chec
k&
balance, federalism, jud
icial
review, elections, &
SUHAKAM
An obligation
to explain &
justify
decisions made
or action taken
If individual
rights/interests
is affected,
appropriate
compensation
should be given

11. Entrenchment
of
constitutional
values
The constitution
provides effective legal
& political restraints
upon the exercise of
state power to amend
or repeal laws dealing
with constitutional
safeguards.
According to
Smith, “constitutionalism is
practised in a country where the
government is genuinely
accountable to an entity or
organ distinct from itself… and
where there are effective legal
guarantees of civil liberties
enforced by an independent
judiciary…”
Independent
judiciary

12. Free and fair
elections
does not
guarantee that
constitutionalis
m is being
practiced.
Example: Adolf Hitler’s
regime came to power
through an election.
Successive government in
Israel have succeeded at
the polls but genocidal
policies against
Palestinians in occupied
territories.
held in order to
elect the
government
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