23 Questions
What is the primary purpose of constitutionalism in a system of governance?
To balance authority with individual and collective freedoms through checks and balances
How does non-constitutionalism differ from constitutionalism?
Non-constitutionalism allows the government to use its powers in an arbitrary fashion
What is a key aspect of constitutionalism that helps prevent the abuse of governmental power?
Implementation of a system of checks and balances
How does constitutionalism seek to protect citizen's rights and freedoms?
By limiting the government's power through legal constraints and safeguards
What is the main goal of constitutionalism in a system of governance?
Limit the power of the government by laws and checks and balances to reconcile authority with individual and collective freedoms.
How does non-constitutionalism differ from constitutionalism in terms of governance?
Non-constitutionalism allows the government to use its powers in an arbitrary fashion without respecting citizen's rights, while constitutionalism limits the government's power by laws and checks and balances.
In what way does constitutionalism prevent the abuse of governmental power?
By limiting the government's power through laws and checks and balances, constitutionalism prevents the arbitrary exercise of authority and protects citizen's rights.
What is the key principle that constitutionalism seeks to reconcile in a system of governance?
Reconciling authority with individual and collective freedoms.
What does Article 14 of the Constitution of India guarantee?
Equal implementation of laws for all citizens
What is the difference between 'equality before the law' and 'equal protection of the laws'?
One is a negative concept, and the other is a positive concept
What is the origin of the expression 'equality before the law'?
English Common Law
What principle does the Preamble to the Constitution of India provide for?
Equality of status and opportunity
In what circumstances will individuals be treated differently according to Article 14 of the Constitution of India?
When the circumstances are different
What does Article 14 of the Indian Constitution prohibit?
Unreasonable discrimination by conferring particular privileges on an arbitrarily selected class
What is the condition for a classification to be considered reasonable under Article 14?
It must be based on an intelligible differentia and have a rational relation with the object sought to be achieved
What does the doctrine of equality before the law imply for the legislature?
It requires the legislature to abide by the provisions of Fundamental Rights
What is the purpose of equal protection of the laws mentioned in the text?
To ensure equal treatment in similar circumstances, both in privileges and liabilities
What does Article 361 provide as an exception to the rule of law?
The president and governors cannot be subject to any court for exercising their powers and duties
What does the classification need to have for it to be considered reasonable?
It must have a nexus between the differentia and the object sought to be achieved
How does Article 14 contribute to preventing arbitrary actions?
By prohibiting class legislation and requiring reasonable classification
What is the doctrine of equality before the law equally operative against?
The legislature
What is the main implication of Article 14 applying to any person?
Certain classes of persons can be subject to special rules
What does equal protection under Article 14 require from the State?
To provide facilities and opportunities to unequal individuals
Test your knowledge about the principles of constitutionalism and non-constitutionalism, which govern the limitations of governmental power and the protection of citizen's rights through laws and checks and balances.
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