Constitution and Constitutionalism
Constitution versus constitutionalism
A constitution is the body of fundamental rules establishing and limiting government. Constitutionalism is the doctrine that governmental power must be limited by law and accountable to rules. A state may have a constitution without constitutionalism (a document that merely ratifies arbitrary rule).
Types
- Written vs unwritten (the UK is largely unwritten but has written statutes and conventions).
- Rigid vs flexible, judged by the amending procedure.
- Unitary vs federal in structure.
- Monarchical vs republican in head of state.
- Evolved vs enacted.
Functions
Constitutions constitute government, distribute power, limit power, provide stability, express national identity, and protect rights. They may be prescriptive (aspirational) or purely descriptive.
Constitutionalism's ingredients
Rule of law, separation of powers, an independent judiciary, judicial review, due process, and enforceable rights. Rule of law (Dicey) means no arbitrary power, equality before the law, and rights grounded in ordinary courts; modern accounts add legality, certainty and fairness.
Traps
Do not equate 'written' with 'rigid' - a written constitution can be easy to amend and an unwritten one may be practically rigid. Do not say judicial review creates constitutionalism; it is one mechanism among several. Do not confuse the separation of powers (functional division) with checks and balances (mutual restraint).
Rule of thumb
Ask whether the question concerns the document (constitution) or the principle of limited government (constitutionalism).
Worked example: A country with a detailed written constitution but no independent courts and no enforceable rights has a constitution but weak constitutionalism.