Question

Explain Constitutionalism and constitutional morality.

Answer 1

Constitutionalism refers to the idea that there should be limitations on the powers of the government, which may be specified in the constitution or may arise due to historical developments. The Magna Carta (Great Charter) (1215) and the Bill of Rights (1689) in England were attempts to restrict the powers of the Monarchs. As the concept of separation of legislative, executive and judicial powers became popular, so did the idea of restricting the powers of the government as a whole. The origins of constitutionalism can be traced to the Social Contract Theory propounded by John Locke. He believed that people should have the right to change the government if it commits any wrongdoing. The first ten amendments to the American Constitution (collectively called the Bill of Rights) imposed restrictions on the government. The Indian Constitution also restricts government jurisdiction so that it doesn't violate Fundamental Rights. Any constitution is subject to amendments. Thus, it is possible that certain governments may use their amendment powers to remove restrictions on their policies and actions. In any democracy, Constitutionalism refers to restrictions on the power of the government and adherence to the spirit of the constitution. It refers to the values that form its foundations and the manner in which those who hold power are expected to behave. This can be described by the term 'Constitutional Morality'.