Difference between Constitution and Constitutionalism

The concept of Constitution and Constitutionalism are closely related as the Constitution stands as the highest level of legislation and form of law setting the framework for the governance in a country whereas Constitutionalism is an idea that the power of the state must be limited by law to protect the freedom of an individual.  In 1215, King John signed the Magna Carta, limiting the authority of the British monarch. Later, in 1689, King William III approved the English Bill of Rights, further strengthening legal limits on power.

Constitution

A Constitution is the supreme law of a country. It lays down the basic structure of the government, the distribution of powers among different organs, and the fundamental rights and duties of citizens. In simple terms, it’s a rulebook that defines how a state functions.

India’s Constitution, adopted in 1950, is a detailed document that outlines the framework for governance, protects civil liberties, and ensures the separation of powers between the Legislature, Executive, and Judiciary. It also includes provisions for emergency powers, amendment procedures, and schedules detailing various administrative and political divisions.

A Constitution may be written, like in India and the US, or unwritten, like in the UK. Regardless of the form, it serves as the legal foundation of the state.

Constitutionalism

Constitutionalism is a philosophy that limits the government under the Constitution where the exercise of the power is limited by the law ensuring the authority exercises their powers responsibly and within the limits. 

At its core, Constitutionalism is about accountability, checks and balances, rule of law, and protection of individual rights. It implies that even the government must operate within the boundaries set by the Constitution, and no authority is above the law.

For instance, while a Constitution may grant the Parliament the power to make laws, Constitutionalism ensures that these laws respect fundamental rights and democratic principles.

Difference between Constitution and Constitutionalism

The Constitution is the legal document which determines the limitation to the power of the government, on the other hand Constitutionalism is the concept of limiting the outreach of the state. The table below includes the Difference between Constitution and Constitutionalism:

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