The document discusses the concepts of constitution and constitutionalism. A constitution is defined as the supreme law of the land that establishes the system of government and protects individual rights. Constitutionalism refers to a system of government where power is limited by enforceable rules and checks on power to protect individual rights. Constitutionalism first developed in the US and French revolutions as a way to limit arbitrary government power. It has since evolved and spread to many countries as the concept of limited government with individual rights.

1. Constitution & Constitutionalism
By :-
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 1st 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 3rd 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.