Constitutionalism Vs Constitution

837 Words4 Pages

The first fundamental step in political development is the movement from total lawlessness, or anarchy, to some kind of centralized law and order. The politically developed nations have of course long accepted the concept of a central authority or government, and the Rule of Law which sets restraints upon the scope of people's actions; but this nevertheless remains as the foundation of government and of a nation's compact with its government.
When power, that is the ability to physically influence the behavior of others, is centralized, the rule of law is thus imposed. Instead of individuals arguing and settling their differences in a continuing series of battles based on personal power, the authority to establish decisions on social conduct …show more content…

Initially, these rules and regulations imposed on the political authority are informal and unwritten. Gradually these rules and regulations are enshrined in a written form. These written forms of governing principles led to the growth of the idea of constitutionalism and constitutions. The idea of constitutionalism is older than the existence of written constitutions. Constitutionalism places limits upon government, proscribing the means by which official power may be exercised. Constitutionalism establishes boundaries between the state and the individual, forbidding the state to trespass into certain areas reserved for private action. Before making in to the details of meaning, definitions, contents and types of constitutions a brief peep in to the history and evolution of constitutions at global and national level.
Historical Background
All Constitutions are the heirs of the past as well as the testators of the future.1 The very fact that the Constitution of the Indian Republic is the product not of a political revolution but of the research and deliberations of a body of eminent representatives of the people who sought to improve upon the existing systems of administration, makes a retros¬pect of the constitutional development indispensable for a proper understan¬ding of this Constitution.2 …show more content…

Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich.
After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (ca2050 BC). Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law.3
In 621 BC a scribe named Draco codified the cruel oral laws of the city-state of Athens; this code prescribed the death penalty for many offences (nowadays very severe rules are often called "Draconian"). In 594 BC Solon, the ruler of Athens created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of the ruling class was to be based on wealth (plutocracy), rather than by birth (aristocracy).Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508

Open Document