Constitutionalism And Constitutionalism

1288 Words6 Pages
A constitution in the modern sense is a document drafted in the name of the people to specify the relationship between government and citizen, to establish and regulate the powers of the main institutions of government, and to take effect as fundamental law. As a relevant concept to the constitution, constitutionalism, is, contrary to its original expression of limited government (negative constitutionalism), nowadays viewed as an extremely powerful form of legitimating extensive government with the contribution of its derivation from the idea of public service(positive constitutionalism), not from a theory of sovereignty . On the other hand, from a critical perspective, it is argued that modern discourses of popular or modern sovereignty (modern constitutionalism) can be anything other than a disguised form of absolutism which the discourse of constitutionalism is claimed to prevent. According to this perspective, both sovereignty remains a centralised power to command that is resistant to the democratic discourses, and constitutionalism is a largely ideological tool that purports to portray the location of power and control while in fact the modern form of domination is actually existent in less visible location . The power of narrative, symbol, ritual, theology and myth is evident in masking the dominance, creating its own political reality and forging normative constitution which does not reflects social constitution of a given society. Constitutional debates to
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