Questions and Answers
Which of the following best defines Constitutionalism?
According to the content, what is one major difference between a Constitution and Constitutionalism?
What is the primary implication of the 'Rule of Law' as defined by A.V. Dicey?
Which principle is considered a 'Basic Structure' of the Constitution in India?
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What does unrestricted government power potentially lead to, according to the content?
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Which of the following principles is NOT part of Louis Henkin's Eight Principles of Constitutionalism?
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What does the term 'popular sovereignty' imply within the context of Constitutionalism?
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Why is the concept of an independent judiciary important in a constitutional framework?
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Which aspect ensures accountability and responsibility in governance within the context of Constitutionalism?
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What can be inferred when a country has a Constitution but lacks Constitutionalism?
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Study Notes
Concept and Making of Constitution
- The term 'Constitution' originates from the Latin word "constituere," meaning to establish or set up.
- Constitutions define the structure and functioning of government and outline the relationship between the government and citizens regarding rights and responsibilities.
- Constitutions form the foundational framework of a nation's governance, embodying the principles known as the 'Rule of Law.'
Concept of Rule of Law
- The 'Rule of Law' is an ancient principle, articulated in modern times by British jurist A.V. Dicey.
- Key tenet: Law is supreme; no individual or institution, including the government, is above it.
- Governments must operate within legal constraints; punishment can only occur for defined legal violations.
- In India, individual rights originate from the Constitution itself, emphasizing its protective role.
- The Supreme Court of India recognizes the 'Rule of Law' as a 'Basic Structure' of the Constitution, implying it cannot be altered through amendments.
Constitutionalism
- Friedrich describes constitutionalism as a framework imposing effective restraints on government actions.
- Constitutionalism advocates for a system that ensures fairness and accountability in governance.
- Elements of constitutionalism include:
- Rule of Law
- Democratic Governance, ensuring responsibility and accountability
- Popular Sovereignty
- Legal and judicial control of police
- Independent Judiciary
- Separation of Powers with checks and balances
- Adherence to individual rights
- Civilian oversight of the military
- A nation may have a 'Constitution' without 'Constitutionalism,' as seen in dictatorships where power is absolute despite having a constitutional framework.
- Constitutionalism requires limited government authority to prevent authoritarianism and safeguard citizen freedom.
- It promotes governance aligned with democratic principles, rejecting arbitrary power even if backed by a constitutional document.
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Description
This quiz explores the fundamental aspects of constitution-making and the concept of the 'Rule of Law.' Understand how constitutions shape government structures and citizen rights. It also delves into the historical significance and legal implications of these principles.
