Constitution and Constitutionalism: Meaning, Features, and Classification Explained

 

Constitution and Constitutionalism are terms that law students occasionally face. Though they are not the same, many people use these terms alternatively.

In this blog, we will discuss: The definition and meaning of Constitution, what is Constitutionalism, and why it matters, the classification of Constitutions and differences between Constitution and Constitutionalism.

This blog will help you understand these foundational concepts clearly.

What is Constitution?

 The basic laws, rules, concepts and fundamental principles that establish a state's administration are referred to as its constitution.
It establishes the government's structure, the distribution of power, citizens' rights, and the interactions between the state and citizens. In simple terms – “A Constitution is like the rulebook of a country”.

Definition of Constitution

 The following is how legal scholars and jurist have defined the Constitution:

Oxford Dictionary - “The aggregate of fundamental principles or established precedents according to which a state or other organization is governed.”

Prof. Wade - “A Constitution means a document having a special legal sanctity which sets out the framework and the principal functions of the organs of government of a state and declares the principles governing the operation of those organs.”

According to A.V. Dicey: “Constitution consists of all rules which directly or indirectly affect the distribution or exercise of sovereign power in the state.”

Why is a Constitution Important?

1- It restricts the government's authority.

2. Preserves individual freedoms and rights.

3-Prevents arbitrary use of power.

4- Provides a structure for enacting and managing laws.

5-Ensures justice, equity, and equality.

Example of a Constitution

The world's longest written constitution, the Indian Constitution, 1950 establishes the following: Fundamental Rights (Articles 12–35), The Directive Principles of State Policy (Articles 36–51), The division of authority among the legislative, executive, and judicial branches, The composition of state assemblies, parliament, etc.
One of the earliest written constitutions is the United States Constitution (1789), which is renowned for its individual rights focus.

 What is Constitutionalism?

Many individuals believe that just because a government has a constitution, it has to operate within certain bounds. However, it may not be the case. This is where Constitutionalism comes in.

Definition of Constitutionalism

Constitutionalism is the belief that the government's authority must be restricted and used in accordance with the Constitution and the rule of law. Despite having formal constitutions, dictatorships are not necessarily constitutional. For example, the old USSR violated constitutionalism by exercising unrestricted power despite having a constitution. In simple terms - “Constitution is the book of rules, but Constitutionalism is the spirit of following those rules.”

Features of Constitutionalism

1- The Constitution's rules must be followed by the government.
2-Protection of fundamental rights.
3-Checks and balances and the division of powers.
4- Rule of law: the government and everyone else are liable to the law.
5-Judicial review: courts have the authority to overturn unconstitutional legislation.

Examples of Constitutionalism

India: Through judicial review, the Supreme Court upholds constitutionalism (see, for example, Kesavananda Bharati v. State of Kerala, 1973, in which the court held that even Parliament could not affect the basic structure of the Constitution).
USA: The US Supreme Court upholds the Constitution's restrictions on the President and Congress.
Despite having a codified constitution, North Korea lacks constitutionalism since the concept of limited government is broken by the concentration of power in the hands of one individual.

Difference Between Constitution and Constitutionalism

Feature	Constitution	Constitutionalism
Meaning	A written document or set of guidelines explaining the structure of government	Limiting government power in accordance with the Constitution
Nature	Can exist even under dictatorial countries	Exists only in areas where limited government and the rule of law are prevalent.
Example	India, USA, North Korea (all have Constitutions)	India, USA have constitutionalism; North Korea does not

 

Classification of Constitutions

Constitutions can be divided into various categories. Here are the main types:

A- Written and Unwritten Constitutions

Written Constitution: A single, official document that lays out the fundamental principles of governance. Examples: India, USA, France. Features: Clearly mentioned rules, altered or amended easily, judicial review can be seen.

Unwritten Constitution: It is made up of statutes, decisions of courts, traditions, and customs and is not included in a single document. For example: United Kingdom. Features: More dependent on customs and practices, flexible and open to change over time.

B- Rigid and Flexible Constitutions

Rigid Constitution: Challenging to modify or alter. Requires a unique process in order to be amended. Example: the USA. Features: Preserves stability and shields fundamental rights against arbitrary alterations.

Flexible Constitution: Simpler to amend, it can be altered using the same procedure as regular law. For example: the UK. Features: Flexible in response to changes in circumstances, prone to political decisions and less stable.

 C- Federal and Unitary Constitutions

Federal Constitution: Allocates authority between the central and state governments. USA, Canada, and India are a few examples. Features: an independent judiciary that is written, rigid and supreme.

Unitary Constitution: The central government has all the authority. France and the United Kingdom are two examples. Features: More uniform laws and policies, local governments, if any, receive authority from the central government.

D- Monarchical and Republican Constitutions

Monarchical Constitution: A monarch, such as a king or queen, is the head of state. UK and Saudi Arabia are two examples. Features: The monarch can either be or not be constitutionalism, and they may have actual or ceremonial powers.

Republican Constitution: The president, who is elected, is the head of state. India and the United States are two examples. Features: Popular sovereignty and the absence of hereditary rulers.

Summary Table of Classifications

Criteria	Types	Examples
Form	Written / Unwritten	India / UK
Amendment	Rigid / Flexible	USA / UK
Power Distribution	Federal / Unitary	India / France
Head of State	Monarchical / Republican	UK / India

 

Conclusion

Every legal student must be aware of the distinction between constitutionalism and the constitution and how constitutions are categorized.
The basis of government is the Constitution. Constitutionalism guarantees that the government abides by the restrictions set forth in the Constitution. The ultimate purpose of all constitutions, whether written or unwritten, strict or flexible, federal or unitary, is to control authority and safeguard rights.
Without constitutionalism, a constitution is a set of rules that no one abides by. This is where the spirit of democracy and the rule of law enters the picture.

Key points to remember:

• The Constitution is the supreme law of the land.
• Constitutionalism ensures the government stays within its limits.
• Constitutions can be classified based on form, flexibility, power distribution, and head of state.
• India has a written, quasi-federal, rigid yet flexible, republican Constitution with strong constitutionalism.

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