Relationship between constitution and constitutionalism pdf
File Name: relationship between constitution and constitutionalism .zip
This article explains the concept of constitutionalism and how it has been applied in the Indian Constitution.
Constitution consists of arrangements that determine the political, legal and social structures by which the society is to be governed. Constitutional provisions are considered to be fundamental law. Constitutional law is supreme law in our country.
Regret for the inconvenience: we are taking measures to prevent fraudulent form submissions by extractors and page crawlers. B Ogbomoso, Nigeria, Tel Received: November 04, Published: September 24, Citation: Olasunkanmi A. Constitution without constitutionalism: interrogating the Africa experience. Art Human Open Acc J. DOI:
I largely agree with many of the conclusions and insights generated by his essay. To this I fully agree. As is evident from many of the points raised by Walker, in particular the assumption that the relationship between constitutionalism and democracy is iterative, which is to say that the meaning of these concepts changes within their contextual dynamics over time, our concern is with a topic which is historical in nature, as all politics is essentially historical. Constitutions, constitutionalism and democracy are historical phenomena, both in practice and in the manner in which we can understand and theorize them. Hence, it is important to trace the historical constitutional configurations in discourse on constitutionalism and democracy. I submit that these questions when posed in the context of globalization bedevil thought that remains within that tradition, making globalization intractable to constitutional analysis.
Both books involve top international law academics and are enormously valuable contributions to the field. The newfound interest in international constitutionalism raises many questions:. Of these various questions about constitutionalism — conceptual, explanatory, descriptive, normative, and meta — which do Klabbers, Peters and Ulfstein address? But this modest self-description notwithstanding, the book in fact has many things to say about the full range of issues concerning constitutionalism, even if not always explicitly. For example:. Is it a normative statement about how international relations should be ordered?
The concepts of constitution and constitutionalism refer to the legal framework of a country. Constitutionalism recognizes the need of limiting concentration of power in order to protect the rights of groups and individuals. In such system, the power of the government can be limited by the constitution — and by the provisions and regulations contained in it — but also by other measures and norms. In order to understand the two concepts — as well as their similarities and differences — it is important to understand their history and evolution. The idea of constitution has changed significantly compared to the first examples seen in ancient Greece, while the concept of constitutionalism has grown around the principle that the authority of the government is derived from and limited by a set of rules and laws. The definition of constitution is quite complex and has significantly evolved during the last two centuries.
explain, by drawing an analogy between constitutional conventions and Ulysses Those who disparage democratic constitutionalism as a well-meaning denying that there was a zero-sum relation between popular rights and elite power.
Constitutional Law, Constitutionalism and Democracy
I largely agree with many of the conclusions and insights generated by his essay. To this I fully agree. As is evident from many of the points raised by Walker, in particular the assumption that the relationship between constitutionalism and democracy is iterative, which is to say that the meaning of these concepts changes within their contextual dynamics over time, our concern is with a topic which is historical in nature, as all politics is essentially historical. Constitutions, constitutionalism and democracy are historical phenomena, both in practice and in the manner in which we can understand and theorize them. Hence, it is important to trace the historical constitutional configurations in discourse on constitutionalism and democracy.
Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society. However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science.
However this doctrine is far from a coherent set of normative propositions. Rather it consists of a dynamic but loose cluster of ideas and principles formulated in the course of the eighteenth century, the diverse interpretation of which spawned different institutional arrangements in national contexts. These conceptual ambiguities surrounding constitutionalism obfuscate the diverse meanings of the constitution.