Modern Constitutionalism

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Constitutionalism in a Globalizing World Loss of Popular Sovereignty in India Prelude to Modern Constitutionalism The terminology of Constitutionalism has been used to imply the practice & the method through which the limitations on the government are established & maintained. Constitutionalism recognizes the importance of the distribution of power to the various organs of the government, but at the same time, takes note of the possibility of the abuse of power to the detriment of the people who, as a matter of the fact, are the means & the end of constitutions. It has been described as the “rule of law over the rule of men”. It involves, analogically speaking, the reversal…show more content…
He holds that the idea of ancient constitutionalism was at best articulated by Bolingbroke who defined it as “assemblage of laws, institutions & customs” agreed by the people in their governance. This, however, was not an “explicit agreement” but simply that customary laws had a wider acceptability in the past (a kind of a tacit agreement)(James Tully). On the other hand, the “explicit agreement” of the people to the laws finds resonance in Thomas Paine’s “Rights of Man”, who rooted the idea of modern constitutionalism in the tradition of social contract theories. The idea of popular sovereignty entails that the structure & the continuity of the government is based on the consent of the people. This idea is certainly a modern one, associated with social contract tradition of Hobbes, Locke, & Rousseau & most remotely to the tradition of…show more content…
The Indian constitution begins with an affirmation “We the people of India…..give ourselves this constitution” (Preamble) as a prelude the most comprehensive constitution of the world. The rights of the people of Indian have been organized into three categories- civil & political rights or the fundamental rights that are legally enforceable (Articles 12-35) , Socio-economic & cultural rights contained in the Part III of Indian constitution (Article 36-51) , not legally enforceable, but have been called as “fundamental in the governance of the country” (Act.37). The DPSP underscores the welfare orientation of the state by ensuring the adequate livelihood, operation of the economic system, ownership & the control of the material resources of the state, to ensure health of the workers, children, women & so on (Subhash Kashyap) (Ravi Kiran Jain, PUCL, Bulletin)

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