Constitution is a mere skeleton whereas constitutionalism is the soul of democracy. Discuss.
Main Body
Constitutionalism refers to imposing limits on the power of the government so that the executive does not trample on the rights of the citizens through arbitrary laws and actions. Constitution provides the fundamental rights, duties for citizens and DPSTs for the government. However, constitutionalism ensures that the policies of the government follow the ideals and provisions of the Constitution in letters and spirit. Constitutionalism ensures that 'Rule of Law' prevails in the country. Thus, it is not the rule of men but the rule of law that prevails — 'Be you ever so high, the law is always above you.'
Conclusion
→ It prevent arbitrary application of law and ensures due process of law is application of law in a fair and full manner. → Constitution is a document framed in 1950 but Constitutionalism is evolving and thus, the sights and duties of the people are also evolving.
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RUHANI
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Constitutional Morality
Constitutional Morality
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analytical
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