Concept of Constitutionalism: The meaning and Rationale

CONSTITUTIONALISM

     We should note that one thing is for a country to have a constitution and another thing is to have constitutionalism. The principle of constitutionalism states that everybody, both the ruler (government) and the ruled (subjects) should abide by the provisions of the constitution. It means that nobody is above the law. The principle of constitutionalism is anchored on the rule of law that everybody is equal and subject before the law.

     Shively (2005) did an elaborate research on the tenets constitutionalism. He started in his logical analysis by posing the following questions: given that each state has a constitution, how faithful is a state to its constitution? That is, how fully do the leaders honour the rules of politics in the state? He defined constitutionalism as “the doctrine that states that, states should be faithful to their constitutions because the rules so provided are all that can protect the citizens from arbitrary decisions by powerful people”, (Shively, 2005: 217). In a related manner, Heywood (2007: 32) views it as an apparatus of checkmating the action or inaction of government. He opined that constitutionalism “is a set of political values and aspirations that reflect the desire to protect liberty through the establishment of internal and external checks on governmental power. It can be said to exist when government institutions and political processes are effectively constrained by constitutional rules.”

Note that if there is no constitution there would be no constitutionalism and if there is constitution without constitutionalism there will be rule of anarchy.