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Constitutionalism definition- power - factors promoting constitutionalism

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This document provides an overview of constitutionalism. It defines constitutionalism as comprising ideas and theories that put limitations on political power, especially on a government's power over citizens. Constitutionalism has two key elements: rights provisions that safeguard political rights, and structural provisions like separation of powers that ensure the government acts in the public interest. Constitutionalism is based on the idea that power should be limited and that no one should have absolute power to avoid corruption. It prevails when powers are decentralized and limited by factors like having a written constitution, independent judiciary, rule of law, separation of powers, free elections and an accountable democratic government.

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Constitutionalism
HELLO! I am Dr. A N Rao 2
Syllabus: Unit- I Evolution of Indian Constitution 1. Constitutionalism 2.1909, 1919 and 1935 Acts 3. Constituent Assembly- Composition and Functions UNIT-II Major features and Provisions 1. Salient features 2. Fundamental Rights and Duties 3 Directive Principles of State Policy
In this chapter, you will learn 1.Constitutionalism 2.Definition 3.Power 4.Factors promoting constitutionalism 7
What is a constitution? 8 A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
What is a constitution? 9 1. Constitution is a legal and coded document. 2. It is a written document which provides the power to different legal bodies. 3. It provides the limited government. 4. Constitution is supreme , nobody is supreme
What is a constitution? 10 5. It is the guardian of right of people. 6. It divided the powers between legislature, executive and judiciary 7. It provides the rule of law where everybody is equal in the eyes of law
What is Constitutionalism ? 1.DEFINITION ▪ Constitutionalism comprised of ideas and theories that essentially put limitations on political power in general, and of the government’s power over citizens in particular. ▪ Refer to a number of separate but related features of a democratic political system. 11
1.DEFINITION ▪ Constitutionalism is concerned with both the framework as well as the spirit that breathes within the provisions in that framework. ▪ Constitutionalism therefore comprised two key elements: a) rights provision and b) structural provision 12
key elements of Constitutionalism Rights provision ▪ It consists of safeguards for political rights including the right to free speech, freedom of association, etc. ▪ These rights operate as legal constraints upon the political process. 13
1.DEFINITION Structural provision ▪ They include separation of powers, representative system, etc. ▪ All are there to ensure that the government will act in the interests of the public at large, rather than those of the self-interested representatives. 14
1.DEFINITION Control of government 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’. 15
Constitutionalism ▪ This is a concept accepted not just in India, in other matured democracies as well ▪ A country may have - A Constitution - But not necessarily “constitutionalism” ▪ In a dictatorship – There may be a Constitution – Doesn’t have “constitutionalism” 16
Constitutionalism ▪ A Constitution ought (normative) to- – Not just give powers – But also >limit< them • ▪ Constitutionalism – Puts checks and balances – Restrains the powers – Doesn’t allow arbitrary, unbridled, uncontrolled powers 17
Constitutionalism ▪ In essence Means – Limited Government or – Limitation on Government – Constitutionalism is the antithesis of arbitrary powers and despotism ▪ Origins from – Human thoughts – Natural law of Aquinas, Grotius, Rousseau, Locke 18
Constitutionalism ▪ Constitutionalism prevails when – Powers are limited – Decentralised – SA De Smith and Wheare have stressed on this 19
Factors promoting constitutionalism 1. Written Constitution 2. Independent judiciary 3. Judicial review 4. Rule of law 5. Separation of powers 6. Free elections 7. Accountable, transparent and democratic govt. 8. Decentralisation of powers 20
21 THANK YOU ! Any questions?

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Constitutionalism definition- power - factors promoting constitutionalism

  • 2. HELLO! I am Dr. A N Rao 2
  • 3. Syllabus: Unit- I Evolution of Indian Constitution 1. Constitutionalism 2.1909, 1919 and 1935 Acts 3. Constituent Assembly- Composition and Functions UNIT-II Major features and Provisions 1. Salient features 2. Fundamental Rights and Duties 3 Directive Principles of State Policy
  • 4. In this chapter, you will learn 1.Constitutionalism 2.Definition 3.Power 4.Factors promoting constitutionalism 7
  • 5. What is a constitution? 8 A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
  • 6. What is a constitution? 9 1. Constitution is a legal and coded document. 2. It is a written document which provides the power to different legal bodies. 3. It provides the limited government. 4. Constitution is supreme , nobody is supreme
  • 7. What is a constitution? 10 5. It is the guardian of right of people. 6. It divided the powers between legislature, executive and judiciary 7. It provides the rule of law where everybody is equal in the eyes of law
  • 8. What is Constitutionalism ? 1.DEFINITION ▪ Constitutionalism comprised of ideas and theories that essentially put limitations on political power in general, and of the government’s power over citizens in particular. ▪ Refer to a number of separate but related features of a democratic political system. 11
  • 9. 1.DEFINITION ▪ Constitutionalism is concerned with both the framework as well as the spirit that breathes within the provisions in that framework. ▪ Constitutionalism therefore comprised two key elements: a) rights provision and b) structural provision 12
  • 10. key elements of Constitutionalism Rights provision ▪ It consists of safeguards for political rights including the right to free speech, freedom of association, etc. ▪ These rights operate as legal constraints upon the political process. 13
  • 11. 1.DEFINITION Structural provision ▪ They include separation of powers, representative system, etc. ▪ All are there to ensure that the government will act in the interests of the public at large, rather than those of the self-interested representatives. 14
  • 12. 1.DEFINITION Control of government 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’. 15
  • 13. Constitutionalism ▪ This is a concept accepted not just in India, in other matured democracies as well ▪ A country may have - A Constitution - But not necessarily “constitutionalism” ▪ In a dictatorship – There may be a Constitution – Doesn’t have “constitutionalism” 16
  • 14. Constitutionalism ▪ A Constitution ought (normative) to- – Not just give powers – But also >limit< them • ▪ Constitutionalism – Puts checks and balances – Restrains the powers – Doesn’t allow arbitrary, unbridled, uncontrolled powers 17
  • 15. Constitutionalism ▪ In essence Means – Limited Government or – Limitation on Government – Constitutionalism is the antithesis of arbitrary powers and despotism ▪ Origins from – Human thoughts – Natural law of Aquinas, Grotius, Rousseau, Locke 18
  • 16. Constitutionalism ▪ Constitutionalism prevails when – Powers are limited – Decentralised – SA De Smith and Wheare have stressed on this 19
  • 17. Factors promoting constitutionalism 1. Written Constitution 2. Independent judiciary 3. Judicial review 4. Rule of law 5. Separation of powers 6. Free elections 7. Accountable, transparent and democratic govt. 8. Decentralisation of powers 20
  • 18. 21 THANK YOU ! Any questions?