Difference Between Constitution And Constitutionalism

The definition of constitution is quite complicated, and it has changed dramatically over the last two centuries. According to the Western understanding, a constitution is a document that contains the nation's basic and fundamental laws, laying out the government's structure and societal principles. Despite the fact that many countries have written constitutions, the phenomenon of "living constitutions" continues to exist in many parts of the world. Laws and regulations change as society changes. Furthermore, in some cases, there is no single document that defines all aspects of the state, but rather a collection of documents and agreements that define the government's authority and provide a comprehensive – albeit not uniform – legal framework. The Constitution is also defined as: 

 

• The state's basic norm (or law); 

• A system of integrating and organising norms and laws; and

• The structure of government

A constitution is a collection of fundamental principles or precedents that serve as the legal foundation for a polity, organisation, or other type of entity and, in most cases, determine how that entity is to be governed. The Constitution is a living document that changes over time. The constitution establishes the government's foundation, structures the political system, and protects individual and collective rights and freedoms. The progress and spread of democracies are inextricably linked to the concept of constitutionalism (and constitution). There is usually no constitution or, if one exists, it is not respected in monarchic, totalitarian, and dictatorial systems. Individual and collective rights are frequently violated in dictatorial regimes, and the government cannot be held accountable because no legal document defining its boundaries exists. Due to political changes and the advancement of democratic ideals, the concept of constitutionalism has evolved over the last few centuries.

 

Constitutionalism is a form of government in which the government's power is restrained by laws, checks, and balances, allowing authority to coexist with individual and collective liberty. Constitutionalism must be understood in contrast to non-constitutionalism, which is a system in which the government exercises its powers arbitrarily and without regard for citizens' rights. Constitutionalism aims to establish a limited government.

 

The main distinction between a constitution and constitutionalism is that a constitution is typically a written document created by the government (often with civil society participation), whereas constitutionalism is a principle and a system of governance that respects the rule of law and limits the government's power. Although most modern constitutions were written many years ago, laws and norms had been evolving and mutating for centuries and continue to do so today. The constitution (and laws in general) is a living document that must adapt to the changing characteristics of the modern world and societies.

 

Constitutionalism is based on the principles set forth in the constitution – or other key legal documents – but it is also a stand-alone principle. The concept of constitutionalism is opposed to authoritarian and despotic rule, and it is based on the belief that the government's power should be limited to prevent abuses and excesses. The constitution is frequently a written document, whereas the principles of constitutionalism are generally unwritten. Both the constitution and constitutionalism evolve in tandem with the spread of democratic ideals, though not always at the same rate. Even if the national constitution is outdated, there can be a constitutional form of governance that respects citizens' rights and promotes democratic values. At the same time, despite the existence of a constitution, an inefficient democratic government may not be able to rule in an unconstitutional manner.