Constitutionalism - A Perspective

13 Pages Posted: 26 Dec 2009 Last revised: 11 May 2010

See all articles by Varun Chhachhar

Varun Chhachhar

affiliation not provided to SSRN

Arun Singh Negi

affiliation not provided to SSRN

Date Written: December 24, 2009

Abstract

A country may have a Constitution, but not necessarily ‘constitutionalism.’ For example, a country where dictator’s word is law can be said to have a constitution, but not constitutionalism. A Constitution does not merely confer powers to various organs of the government, but also seeks to restrain these powers. Constitutionalism envisages checks and balances and puts power of legislature and executive under some restrain, otherwise freedom of people would be jeopardized, leading an authoritarian, oppressive government. Therefore, to preserve basic freedom of individual and to maintain the dignity and personality, a Constitution should be permeated with Constitutionalism; that is, it should have in-built restrictions on powers.

Keywords: Constitution, Constitutionalism, Fundamental Rights, Directive Principles of State Policy

JEL Classification: K10

Suggested Citation

Chhachhar, Varun and Negi, Arun Singh, Constitutionalism - A Perspective (December 24, 2009). Available at SSRN: https://ssrn.com/abstract=1527888 or http://dx.doi.org/10.2139/ssrn.1527888

Varun Chhachhar (Contact Author)

affiliation not provided to SSRN ( email )

Arun Singh Negi

affiliation not provided to SSRN ( email )

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