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Constitution and Constitutionalism: The distinctive features of the Constitution.

Updated: Aug 18, 2021


1. CONCEPT ?

• Constitution is JUST a document - which has a set of rules or norms creating, structuring and defining the limits of, government power or authority. • Even the dictatorial govt has - Constitution but NOT constitutionalism. • Mere existence of a Constitution, by itself, does not ensure constitutionalism or a constitutional culture. It is the political maturity and traditions of a people that import meaning to a Constitution which otherwise merely embodies political hopes and ideals R.C. Poudyal And Anr. Etc. Etc vs Union Of India- 1993 AIR 1804.

2. COME ON! SO WHAT IS CONSTITUTIONALISM ? • Constitutionalism means LIMITED GOVT ; it means that powers of executive & legislature are limited & not uncontrolled or arbitrary.

3. IS THIS CONCEPT APPLICABLE IN INDIA ? • Modern constitutionalism, to which Germany is a major contributor too, especially in terms of the basic structure doctrine, specifies that powers vested in any organ of the State have to be exercised within ..

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