Constitutionalism (IGNOU/ UPSC/ STATE EXAMS)
- Get link
- X
- Other Apps
Constitutionalism means limited government or limitation on government. It is an antithesis of arbitrary powers. Constitutionalism recognizes the need for government with powers but at the same time insists that limitation be placed on those powers.
CONSTITUTION AS A FRAMEWORK: The constitution of a country is the framework within which the state and the entire political system operate by determining the limits of power of the sovereign and the rights of the people. Setting up a constitution achieves two fundamental objectives; i) It separates the state and the civil society ii) It frees state authority from the whims of a ruler.
STATE AND CIVIL SOCIETY: When the state controls the affairs of the civil society, the system is totalitarianism. In societies driven by communal and ethnic extremism, sometimes the state becomes subservient to sectional interest. Therefore neutrality of the sate power is essential condition of its stability. For instance the very First amendment to United Sates constitution laid down that the Congress would not muddle with religious affairs.
RULE OF LAW: Constitutionalism is actually a sub-set of the rule of law. Its special feature is treating the constitutional law as the highest law of the land. It requires an independent judiciary, the members of which are expected to be persons of legal knowledge and integrity. Judicial review and various writs like habeas corpus and mandamus guarantee the rights of citizens from judiciary's power to interpret and apply law.
ARMY AND BUREAUCRACY: A non-political army and a non-partisan bureaucracy are among the highest requirements of constitutionalism. The army looks after the defense of the country, the police forces look after the law and order and the bureaucracy administers the policies of the state. The bureaucracy is the chief link between the state and the people and the chief agent of the state's development activities. The bureaucracy and the army are accountable to the political executive that, in a democracy, represents the people.
- Get link
- X
- Other Apps
Comments
Post a Comment