Before defining constitutionalism I will like to start with the definition of the word that ushers it in which is constitution:
book that contains all the law of the land and give powers to each tiers and arms of government, it is what define their power, so therefore for every leader, power must be use according to the tenet of the constitution. Types of constitution includes written, unwritten, rigid, flexible, unitary and federal constitutions, you can watch out for my upcoming post to get the full explanation on constitution, now let get down to the real bussiness.
WHAT IS CONSTITUTIONALISM?
The term constitutionalism means that the power of the ruler should be limited and acted in accordance with the tenet of constitution, constitutionalism is the strict adherence to the constitution, that is, even the so called executive, legislature and judiciary power should be pronounced by the constitution which they must not be surpass, democratic state strengthen this most, the constitution that limit the power of the rulers as well the rights and obligation of the citizens.
The principle of constitutionalism is not the constitution itself in any ways, but it is a way to limit government and individual activities according to the constitution restraint. It state that the law is in no way a respecter of no one and no one can be above it, this constitutionalism concept makes the judiciary to declare any actions that conflict with the constitutional provision of a state null and void and ultra vires. It is also a concept that make an individual attack the government when ever human right is infringe upon.
PURPOSE OF CONSTITUTIONALISM
- limitation in enactment of power: this is to stress the fact that those people enacting law and order in the society which is the government should not be absolute when doing so but in accordance with the constitution.
- Popular sovereignty : this is the right every individual has over the government, it a way an individual could willingly choose is own leader, election is the only avenue that could provide periodical means of changing government that is constitutionalism.
- Judicial independence : constitutionalism implies that only the constituted court can enforce the right like high courts, Supreme and other recognized.
- Equality before the law : constitutionalism strengthen the idea of everyone’s equality before the law, be it the judiciary, executive and judiciary, even the citizens, the constitution should be Supreme than everyone in the state.
- Human right: constitutionalism helps the citizens right to be protected and safeguard in other not to be infringed upon by the big powers of the executive.
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