Difference between Constitution and Constitutionalism

Q: Can a country have a constitution without following constitutionalism?

Yes. Some authoritarian regimes have constitutions but do not practice constitutionalism. They concentrate power in one authority without respecting checks and balances or citizen rights.

Q: Why is constitutionalism important?

Constitutionalism ensures that power is not misused. It keeps the government accountable, protects individual freedoms, and upholds the rule of law.

Q: Does constitutionalism require a written constitution?

Not necessarily. Countries like the UK don’t have a single written constitution but still uphold constitutionalism through conventions, statutes, and judicial decisions.

Q: How does constitutionalism work in India?

In India, constitutionalism is enforced through mechanisms like judicial review, fundamental rights, separation of powers, and democratic institutions that limit arbitrary use of power.

Q: What happens when constitutionalism is ignored?

When constitutionalism is ignored, governments can become authoritarian. Citizens may lose legal protections, and governance may drift away from democracy and rule of law.

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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:

Difference between Constitution and Constitutionalism
Basis	Constitution	Constitutionalism
Definition	A legal document that outlines the structure and powers of government	A political philosophy that ensures power is exercised within constitutional limits
Nature	Legal and structural	Ideological and ethical
Focus	What the government can do	What the government shouldn’t do
Presence	Every country may have a constitution	Not every country follows constitutionalism
Guarantees	Grants power and rights	Ensures limitation of power and protection of rights
Example	Indian Constitution	Judicial review, fundamental rights enforcement, limited government