Constitutionalism

Constitutionalism is the principle that the authority of government is derived from and limited by a constitution, and that governance operates under the rule of law. It emphasizes that political power should be exercised within legal bounds, subject to checks and balances, and capable of being constrained or removed through lawful processes. Constitutionalism also entails the protection of fundamental rights and the accountability of rulers to institutions and the people.

Historically, constitutionalism emerged from evolving limits on monarchies in medieval and early modern Europe, expressed in documents such as the Magna Carta, the Petition of Right, and the Bill of Rights of 1689. The development culminated in modern constitutions that codify powers, define rights, and establish judicial review. Some systems use written constitutions, others rely on unwritten constitutional conventions, statutes, and court decisions.

Core features include rule of law, separation of powers, federal or regional divisions, and independent judiciary. Mechanisms often include judicial review, constitutional courts, and formal processes for amendment. The supremacy of the constitution or a system of constitutional conventions helps curb arbitrary rule, while protections for civil liberties provide a check on government power.

Different models exist: in the United States, a written constitution with a strong tradition of judicial review and fixed amendments; in the United Kingdom, a largely unwritten constitution and parliamentary sovereignty with embedded rights; in Germany and India, entrenched basic or fundamental laws with robust constitutional courts; in Canada and Australia, federal structures with constitutional guarantees and rights protections.

Critics argue that constitutionalism can be rigid, potentially protecting minority interests at the expense of majority will, or, conversely, enabling entrenched power through legalism. Proponents view it as essential for legitimacy, stability, and protection of rights in diverse and plural societies.