Constitutionalism
Red Book
Red Book

Constitutionalism is a political idea that the government’s power is limited by the constitution and it derives its legitimacy as well as authority from the constitution.

Constitutionalism refers to efforts to prevent arbitrary government. The government can take decisions wilfully which can further its own self-interest. Constitutionalism attempts to avoid these dangers by designing mechanisms that determine who can rule, how, and for what purposes.

 

 

Louis Henkin defines constitutionalism as constituting the following elements:

(1) Government according to the constitution

(2) Separation of power

(3) Sovereignty of the people and democratic government

(4) Constitutional review

(5) Independent judiciary

(6) Limited government subject to a bill of individual rights

(7) Controlling the police

(8) Civilian control of the military

(9) No state power, or very limited and strictly circumscribed state power, to suspend the operation of some parts of, or the entire, constitution.

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