Fundamental principles and laws regulate the governance of a particular nation. The individuals have their rights, and so does the government. This goes well with the limitations too.
The governing laws in democratic countries offer freedom and a restriction for the well-being of the nation and its people. In this context, two different terms have always been confused; Constitution and Constitutionalism.
Both are technically linked together. However, they are different from one another in a few crucial aspects.
Key Takeaways
- A constitution is a written document that outlines a government’s fundamental principles and laws, while constitutionalism is the belief in the importance of following those principles and laws.
- Constitutions are created during political upheaval or transition, while constitutionalism is an ongoing process of adhering to the principles outlined in the constitution.
- Constitutions can vary widely in their content and structure, but constitutionalism is a universal concept emphasizing the rule of law and the importance of protecting individual rights.
Constitution vs Constitutionalism
The difference between Constitution and Constitutionalism is that the government creates the Constitution, but the Government itself is controlled by Constitutionalism, which limits its powers and authorities. The latter is indeed the law that allows people and the government to follow the rules and principles set by the Constitution.
A constitution, in general, is a written document with the nation’s fundamental laws. A constitution sets the entire framework of how a government structure must be and vividly discusses every element’s functionality.
As such, the principles of society are set from the root level. It gives the exact norms and principles for the government to follow.
Constitutionalism, on the other hand, is the governance system by itself that controls and limits the powers of the government. This is the one that sets the freedom and limitations of every individual in the nation.
It includes the government as well. A government must use its power under constitutionalism.
Comparison Table
| Parameters of Comparison | Constitution | Constitutionalism |
|---|---|---|
| Definition | Fundamental Laws of the Nation | Fundamental Principles to govern a country |
| Major Emphasis | Constitution emphasizes ‘How’ to factors of the government. | Constitutionalism emphasizes the Limitation of the government. |
| Doctrine | Rules and regulations to be followed | Limitations to be adhered to by the government |
| Format | The constitution is a written document. | It is not necessary to have a document. It is not written too. |
| Existence | The constitution cannot exist without Constitutionalism. | It can very well survive in a country without any written document in place. |
What is Constitution?
A constitution is a set of fundamental principles or precedents of a particular entity that shall help in understanding how it is supposed to be governed.
The constitution is a set of fundamental laws that the government and any individual shall follow. It offers a way to govern a country.
These fundamental laws or principles are written in a document, and that is why it is called the ‘Written Constitution’. It helps to demonstrate the social and political structure of a country.
It also includes the legal entity of the nation. It is the primary and prime law of the country. The government sketches it, and in recent years, many nations have altered their constitution, which is uncommon but needed.
In specific terms, Constitution is referred to defined as
- Basic Law of the Nation
- A system that integrates and collaborates the organization and individual norms
- Government Organisation
It is a structure that the government must follow, and so do the common man. The constitution sets the foundation of the government. The constitution offers individuals the collective rights and freedom, and everyone must follow the law.
What is Constitutionalism?
Constitutionalism is the governing law that helps regulate the functionality of the government. As such, constitutionalism sets the standards of action for the government. It indeed sets limitations on the government.
Constitutionalism defines the action of a government as legitimate or not.
No government shall work beyond the principles of constitutionalism and, if it does so, is considered invalid. One needs to understand that having the constitution does not guarantee to set constitutionalism. It is the other way around.
A nation must have governing laws for the government to have the constitution set. Also, the countries that have a constitution and do not have constitutionalism make it vulnerable, as the rules can be broken at any time.
The basic features of Constitutionalism are given below
- Popular Sovereignty
- Separation of Powers
- Responsible and Accountable Government
- Rule of Law
- An independent judiciary
- Respect for individual rights
- Respect for self-determination
- Civilian control of the military
- Police governed by law and judicial control
As such, the concept of constitutionalism help restores peace in the nation. Without that, the government can act independently without any governing authority to question them.
Even if questioned, there is no law to say that the action was wrong. This is widely avoided in nations that have strong constitutionalism that puts limitations on the government, and the same shall be adhered to by any government that is formed.
Main Differences Between Constitution and Constitutionalism
- The main difference between Constitution and Constitutionalism is that the constitution is written while constitutionalism is not.
- The constitution is the supreme law of the country, while constitutionalism is the one that allows it to function legitimately.
- The Government can change constitutional amendments, while constitutionalism cannot be changed.
- The non-existence of a constitution can still have the company thrive, while the non-existence of constitutionalism shall ruin the country as there is no governing law for the government in power.
- Constitution is the rules and regulations set for the structure of the government and society, while constitutionalism sets the limitation to the government itself.
- https://academic.oup.com/icon/article/8/4/950/667092?login=true
- https://heinonline.org/HOL/LandingPage?handle=hein.journals/tlr87&div=59&id=&page=
Last Updated : 14 October, 2023
I’ve put so much effort writing this blog post to provide value to you. It’ll be very helpful for me, if you consider sharing it on social media or with your friends/family. SHARING IS ♥️
Emma Smith holds an MA degree in English from Irvine Valley College. She has been a Journalist since 2002, writing articles on the English language, Sports, and Law. Read more about me on her bio page.
The article’s comprehensive explanation of constitutionalism’s role in regulating the government’s functionality is highly informative. The detailed insights provided are essential in understanding this concept.
I completely agree. The article’s explanation of the basic features of constitutionalism sheds light on the important principles that govern the action of a government.
This article emphasizes the essential differences between constitution and constitutionalism. It clarifies the roles of both concepts in governing a nation, which is crucial for understanding how a country is supposed to be governed.
I completely agree. The detailed explanation of the parameters of comparison between constitution and constitutionalism provides a comprehensive understanding of their roles and significance in governance.
The article’s thorough explanation of the terms ‘constitution’ and ‘constitutionalism’ provides a comprehensive understanding of their roles and significance in the governance of a nation.
Absolutely. The article’s emphasis on the distinction between constitution and constitutionalism is crucial for understanding the framework of a nation’s governance.
The article’s clarity in defining the roles of constitution and constitutionalism in the governance of a nation is commendable. The detailed insights contribute to a comprehensive understanding of these essential concepts.
I completely agree. The article effectively underscores the importance of constitutionalism in regulating the functionality of a government.
The key takeaways section is particularly informative, shedding light on fundamental principles of constitutions and constitutionalism, and how they influence and regulate a country’s governance.
Absolutely, the emphasis on how constitution and constitutionalism are linked together, but differ in crucial aspects, is important for understanding the governance of democratic countries.
Agreed. The comparison table provided also serves as a useful tool to further comprehend the differences between constitution and constitutionalism.
The distinction between constitution and constitutionalism is effectively underscored in this article. It provides valuable information on the essential concepts that govern a nation.
I agree. The article’s emphasis on popular sovereignty, separation of powers, and the rule of law as key features of constitutionalism is particularly enlightening.
The article effectively illustrates the functions of a constitution in setting out laws and principles, and how constitutionalism serves as a mechanism to limit the powers of the government. The explanation provides valuable insights.
Absolutely. The in-depth explanation of what constitutes a constitution and the role of constitutionalism in governing a nation is highly enlightening.
The detailed definitions of constitution and constitutionalism help clarify their roles in the governance of a nation. This piece provides an informative and thorough understanding of the subject matter.
I couldn’t agree more. The clear distinction between constitution and constitutionalism is essential for understanding the framework of governmental authority in any nation.
The distinction between constitution and constitutionalism is excellently articulated. The article effectively communicates the significance of both concepts in the governance of a nation.
The article effectively elucidates the roles of constitution and constitutionalism in governance, providing a clear and comprehensive understanding of the principles that shape a nation’s functioning.
Absolutely. The article’s detailed discussion of the basic features of constitutionalism provides a thorough understanding of the principles that guide a nation’s governance.