The Relationship Between Constitutionalism and Democratic Governance
INTRODUCTION
The study of constitutionalism occupies a significant place in the sphere of comparative politics and it is universally accepted to be a necessity for any given society as it limits arbitrariness inherent in government and ensures that its powers contained in the constitution are to be used for the good of society. It is the constitution that directly or indirectly affects the exercise of the sovereign power of the existence of a constitution in a state. However this essay is going to discuss the relationship between constitutionalism and democratic governance.
First and foremost in order to enhance a common understanding, we must first understand the key terms in the question and that is Constitutionalism and Democratic Governance. To begin with, Constitutionalism is defined as a government conducted in accordance with and within the limits set by the fundamental law of the Constitution. The Constitution, as a body of written or unwritten basic law, is superior to and takes precedence over all ordinary acts of the legislature and over all decisions and actions of the executive branch of the government. Under the Constitution, restrictions on the discretionary authority of public officers and institutions are clearly recognized and regularly enforced. In short, the Constitution effectively limits the power of government. In addition to this, Johari states that constitutionalism stands for “the existence of a constitution in a state, which is the instrument of government, or the fundamental law of the land.” It is the complex of ideas, attitudes and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law pointed out. It also refers to government conduct with and the limits set by fundamental law of the land. Constitutionalism is a modern concept that desires a political order governed by laws and regulations. It means that the government rules under the laws of a
The study of constitutionalism occupies a significant place in the sphere of comparative politics and it is universally accepted to be a necessity for any given society as it limits arbitrariness inherent in government and ensures that its powers contained in the constitution are to be used for the good of society. It is the constitution that directly or indirectly affects the exercise of the sovereign power of the existence of a constitution in a state. However this essay is going to discuss the relationship between constitutionalism and democratic governance.
First and foremost in order to enhance a common understanding, we must first understand the key terms in the question and that is Constitutionalism and Democratic Governance. To begin with, Constitutionalism is defined as a government conducted in accordance with and within the limits set by the fundamental law of the Constitution. The Constitution, as a body of written or unwritten basic law, is superior to and takes precedence over all ordinary acts of the legislature and over all decisions and actions of the executive branch of the government. Under the Constitution, restrictions on the discretionary authority of public officers and institutions are clearly recognized and regularly enforced. In short, the Constitution effectively limits the power of government. In addition to this, Johari states that constitutionalism stands for “the existence of a constitution in a state, which is the instrument of government, or the fundamental law of the land.” It is the complex of ideas, attitudes and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law pointed out. It also refers to government conduct with and the limits set by fundamental law of the land. Constitutionalism is a modern concept that desires a political order governed by laws and regulations. It means that the government rules under the laws of a