Legal Article

Constitutionalism: An Overview

Shivendra Pratap Singh


High Court Lucknow


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Published on: 21 Aug, 2023


Constitutionalism is a legal and political concept that describes the principle that government authority is derived from and limited by a governing constitution. It’s the idea that institutions of the state should be constrained and guided by an established legal framework. Constitutionalism is often considered the opposite of arbitrary rule; it anchors governance in laws and norms that both enable and limit governmental power.

Key Components of Constitutionalism

  1. Rule of Law: Constitutionalism ensures that the law is supreme and that all individuals and institutions, including the government, are subject to and accountable under the law.
  2. Separation of Powers: To prevent the concentration of power in one branch of government, constitutionalism often relies on the separation of powers among the legislative, executive, and judicial branches.
  3. Checks and Balances: Interlocking systems of oversight ensure that no single entity within the government becomes too powerful, preserving democratic integrity.
  4. Human Rights: A constitution usually protects fundamental rights and freedoms, serving as a benchmark against which all other laws and government actions are measured.
  5. Democratic Principles: Most constitutional frameworks include provisions for democratic governance, such as regular elections, freedom of speech, and other forms of citizen participation.

Constitutionalism vs. Having a Constitution

Having a constitution does not automatically mean that constitutionalism is present. A constitution might exist as a document, but if it’s not respected or if its provisions are regularly overridden, then constitutionalism is lacking. The essence of constitutionalism lies in the effective limitation and control of governmental power.

Importance of Constitutionalism

  1. Predictability and Stability: A constitutional framework provides a stable environment where the rules of governance are clear, thus fostering trust among citizens and other stakeholders.
  2. Accountability: Constitutionalism ensures that there are mechanisms to hold government officials accountable for abuse of power or violation of rights.
  3. Legitimacy: A constitutional government generally enjoys a higher degree of legitimacy in the eyes of its citizens.
  4. Conflict Resolution: Constitutional frameworks often provide mechanisms to peacefully resolve disputes among governmental entities, as well as between the government and citizens.
  5. Safeguarding Freedom: By explicitly enumerating rights and freedoms, and by providing mechanisms for their protection, constitutionalism safeguards individual and collective freedoms against arbitrary state action.

Examples from Around the World

Constitutionalism has taken various forms across different jurisdictions:

  • The United States has a system of federal constitutionalism based on the checks and balances among its three branches of government.
  • In the United Kingdom, which lacks a codified constitution, constitutionalism is nonetheless present through statutes, conventions, judicial decisions, and historical documents.
  • In India, the world’s largest democracy, constitutionalism is deeply rooted, with a comprehensive Constitution that provides an elaborate system of checks and balances.


Constitutionalism is much more than the existence of a constitution; it’s a complex system of legal and social practices and beliefs that collectively restrain and give shape to the exercise of governmental power. It’s a pivotal concept in political science, law, and governance, contributing to the stability, fairness, and rationality of governmental operations.


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