what is constitutionalism

10 months ago 25
Nature

Constitutionalism is a political theory that emphasizes the importance of limiting government power and authority through a constitution or body of laws. The idea of constitutionalism requires that the officials who exercise governmental powers be subject to the limitations of a higher law. The concept of constitutionalism is deeply embedded in historical experience and attempts to prevent arbitrary government by designing mechanisms that determine who can rule, how, and for what purposes. Constitutional traditions differ as to what precisely counts as an arbitrary act and which mechanisms offer the best defense against arbitrary acts occurring. Constitutionalism is often associated with the political theories of John Locke and the founders of the American republic. The term "constitutionalism" is used in a rhetorical sense, as a political argument that equates the views of the speaker or writer with a preferred view of the constitution. There are different interpretations of what a constitution means, but most constitutional scholars agree that there is more to a constitution than constitutional law. Thin constitutionalism requires only that there be some separation of powers, but not much beyond that, while thick constitutionalism incorporates requirements that are reasonably contested among constitutional democrats themselves.