Constitutionalism and Non-constitutionalism

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What is the primary purpose of constitutionalism in a system of governance?

To give the government unrestricted power over its citizens

To balance authority with individual and collective freedoms through checks and balances (correct)

To limit the power of the government by enforcing strict laws

To ensure that the government maintains unchecked authority

How does non-constitutionalism differ from constitutionalism?

Non-constitutionalism promotes the protection of citizen's rights through laws

Non-constitutionalism allows the government to use its powers in an arbitrary fashion (correct)

Non-constitutionalism ensures that the government operates within the framework of established laws

Non-constitutionalism advocates for a balanced distribution of power within the government

What is a key aspect of constitutionalism that helps prevent the abuse of governmental power?

Imposition of strict censorship laws

Enforcement of martial law during times of unrest

Surrendering legislative power to the executive branch

Implementation of a system of checks and balances (correct)

How does constitutionalism seek to protect citizen's rights and freedoms?

By limiting the government's power through legal constraints and safeguards Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is the key principle that constitutionalism seeks to reconcile in a system of governance?

Reconciling authority with individual and collective freedoms. Signup and view all the answers

What does Article 14 of the Constitution of India guarantee?

Equal implementation of laws for all citizens Signup and view all the answers

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 Signup and view all the answers

What is the origin of the expression 'equality before the law'?

English Common Law Signup and view all the answers

What principle does the Preamble to the Constitution of India provide for?

Equality of status and opportunity Signup and view all the answers

In what circumstances will individuals be treated differently according to Article 14 of the Constitution of India?

When the circumstances are different Signup and view all the answers

What does Article 14 of the Indian Constitution prohibit?

Unreasonable discrimination by conferring particular privileges on an arbitrarily selected class Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

How does Article 14 contribute to preventing arbitrary actions?

By prohibiting class legislation and requiring reasonable classification Signup and view all the answers

What is the doctrine of equality before the law equally operative against?

The legislature Signup and view all the answers

What is the main implication of Article 14 applying to any person?

Certain classes of persons can be subject to special rules Signup and view all the answers

What does equal protection under Article 14 require from the State?

To provide facilities and opportunities to unequal individuals Signup and view all the answers