Answer the following.
Explain Constitutionalism and constitutional morality.
Solution
Constitutionalism refers to the idea that there should be limitations on the powers of the government which may be specified in the constitution or may arise due to historical developments. The Magna Carta (Great Charter) (1215) and the Bill of Rights (1689) in England were attempts to restrict the powers of the Monarchs. As the concept of separation of legislative, executive, judicial powers became popular, so also, the idea of restricting powers of the government as a whole emerged. The origins of constitutionalism can be traced to the Social Contract Theory propounded by John Locke. He believed that people should have the right to change the government if it committed any wrongdoings. The first ten amendments to the American Constitution (collectively called the Bill of Rights) imposed restrictions on the government. The Indian Constitution also restricts government jurisdiction so that it doesn't violate Fundamental Rights. Any constitution is subject to amendments. Thus, it is possible that certain governments may use their amendment powers to remove restrictions on its policies and actions. In any democracy, Constitutionalism refers to restrictions on the power of the government and adherence to the spirit of the constitution. It refers to the values which form its foundations and the manner in which those who hold power are expected to behave. This can be described by the term 'Constitutional Monarchy'.
