1. What is Constitutionalism?
Constitutionalism is the principle that the authority of the government is derived from and limited by a constitution, which legally bounds both the government and the governed.
2. Why is Constitutionalism important in a democracy?
In a democracy, constitutionalism ensures that power is exercised according to the rule of law, safeguarding citizens’ rights and liberties from arbitrary government actions.
3. How does Constitutionalism differ from the mere presence of a constitution?
Constitutionalism goes beyond just having a constitution; it implies that the constitution is upheld, respected, and followed in both letter and spirit by all, including government authorities.
4. What are the key features of Constitutionalism?
Key features include the rule of law, separation of powers, checks and balances, judicial review, and protection of fundamental rights.
5. How does Constitutionalism uphold the rule of law?
It ensures that laws are clear, publicized, and stable, applied evenly, and protect fundamental rights, including the security of persons and property.
6. What is the role of separation of powers in Constitutionalism?
The separation of powers divides government responsibilities into distinct branches to limit any one branch from exercising the core functions of another, preventing abuse of power.
7. How does Constitutionalism protect individual rights?
It enshrines fundamental rights and freedoms in the constitution, providing a legal framework for their protection against infringement by the state or individuals.
8. What is the significance of judicial review in Constitutionalism?
Judicial review allows courts to interpret the constitution and to invalidate actions by the government that contravene constitutional provisions.
9. Can Constitutionalism exist without a written constitution?
Yes, constitutionalism can exist in countries with unwritten constitutions, as long as the principles of constitutional governance are respected and followed.
10. How does Constitutionalism contribute to a stable and fair society?
By ensuring that government power is exercised within the constraints of the law and with respect for individual rights, constitutionalism promotes justice, stability, and fairness in society.
Constitutionalism is fundamental to the functioning of a democratic society, as it ensures that government power is exercised responsibly and in accordance with established legal frameworks that protect individual liberties and rights.