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    Constitution vs Constitutionalism 2

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    Vaibhavi Kathare
    Constitution vs Constitutionalism 2

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    Constitution vs Constitutionalism 2

    Uploaded by

    Vaibhavi Kathare
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    Constitution vs Constitutionalism 2

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    Constitution vs Constitutionalism 2

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    0 views2 pages

    Constitution vs Constitutionalism 2

    Uploaded by

    Vaibhavi Kathare
    Constitution vs Constitutionalism 2

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Constitution vs Constitutionalism( optional notes, og in pdf 1 )

    Difference Between Constitution and Constitutionalism

    Constitution Constitutionalism

    A document that limits the powers of the The concept/ theory/ ideology behind limitin
    state. the powers of the state.

    Soul/ philosophy of the constitution-


    Written document.
    unwritten.

    Deals with the structure of the


    Deals with limiting the powers of the
    government, political processes, and
    state and protecting individual rights.
    citizen rights.

    Set rules and standards to distribute benefits Application of the laws in achieving those
    and burdens in a society. goals.

    Not necessarily related to liberal democracy. The underlying basis/ principle of liberal
    For instance, China has a constitution. democracy.

    Can be dead when a rigid constitution fails to


    meet society’s changing nature and A living idea.
    aspirations.

    Constitution and Constitutionalism

    Constitution and Constitutionalism are interrelated to each other. The higher


    level of legislation is the Constitution. And Constitutionalism has a long and
    illustrious history that dates back thousands of years.

     King John signed the Magna Carta, which limited the powers of the British
    Monarch, in 1215.

     King William III of England endorsed the English Bill of Rights in 1689.

     Liberalism sees the state as a necessary evil that can preserve and, at the
    same time, obtrude into individual liberty.

    Constitution Definition

    The vast majority of modern constitutions contain a higher law that dictates the
    primary purposes of the state, political structures and processes, and
    fundamental rights. Though there is no universal definition of a constitution,
    Elliot Bulmer (2007), in his book What is a Constitution? Principles and Concepts
    defined a constitution as a document encompassing a set of rules that are –

    1. Binding on all members of the state, including the state itself

    2. Involving the structure and operation of government institutions, political


    principles, and fundamental rights

    3. More difficult to change/amend than ordinary laws

    4. Meeting the requirements of the international democratic system in terms


    of representation and human rights.

    Constitutionalism Definition

    Constitutionalism is an ideology that states that government authority is derived


    from the people and should be limited by a constitution specifying what the
    government can and cannot do. It is the idea that the state is constrained by
    laws that limit its authority rather than being free to do anything it wants.

    Political thinker John Locke was a pivotal contributor to the development of


    constitutional theory. In his theory of Social Contract, he defines the state as –

     A product of a social (not divine) contract.

     A body that came into existence not by a divine decree but by the
    people’s consent.

     A body created by citizens to protect their life, liberty, and property, which
    he considered three natural rights.

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