Konstitutionalism

Konstitutionalism is the idea that governmental power should be limited and regulated by a constitution that enshrines the rule of law and basic rights. It holds that sovereignty ultimately resides in the constitution and the people, not in any ruler or faction. Constitutionalism seeks to prevent arbitrary rule by subjecting state authority to legal constraints.

Key features include written or unwritten constitutions, the separation of powers, checks and balances, an independent judiciary, and the supremacy of the constitution. It aims to ensure that government actions conform to law, protects civil liberties, and establishes mechanisms for resolving disputes among branches of government and between the state and citizens. The rule of law, constitutions, and, where present, constitutional courts or equivalent institutions are central to its practice.

Historically, constitutionalism arose in medieval and early modern Europe through charters, the Magna Carta, the Petition of Right, and the Glorious Revolution, which established limits on monarchs. It was reinforced by Enlightenment political theory and the development of liberal and republican constitutions in the 18th and 19th centuries, notably in the United States and many European states. Since the 20th century, constitutions—written or unwritten—have been adopted worldwide to balance human rights, popular sovereignty, and state power, including in post-colonial and transitioning societies.

Variants include liberal constitutionalism, emphasizing individual rights and formal limits on government, and social constitutionalism, which also codifies certain social and economic rights. Critiques note that constitutionalism can be rigid, slow to adapt, or exploited to justify curb on democratic choice. Nevertheless, it remains a foundational framework for many democracies and transitional regimes.