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S.A De Smith - The idea of constitutionalism involves the proposition that the
exercise of governmental power shall be bound by rules, rules prescribing the
procedure according to which legislative and executive acts are to be
performed and delimiting their permissible content- Constitutionalism
becomes a living reality to the extent that these rules curb arbitrariness of
discretion and are in fact observed by the wielders of political power, and to
the extent that within the forbidden zones upon which authority may not
trespass there is significant room for the enjoyment of individual liberty
The system of laws, customs and conventions which defines the composition and
powers of the state and regulate the relations of the various state organs to one
another and to the private citizen.
Constitutions are primary about political authority and power the location,
conferment, distribution exercise, and limitation of powers among the organs of
the state, more often than not, they also include explicit guarantee the rights
and freedoms of individuals.
Constitution
Professor S.A. de Smith in his book, The Commonwealth and its Constitution1 speaks of
minimum standards that must be observed in a country upholding constitutionalism. He
defined Constitutionalism as "Where the government is genuinely accountable to an entity or
organ distinct from itself, where elections are freely held on a wide franchise at frequent
intervals, where political groups are free to organize in opposition to the government in office
and where there are effective legal guarantees of fundamental civil liberties enforced by an
independent judiciary." If we substitute the word Democracy for Constitutionalism, then
Smith might have produced the closest one gets to an exhaustive and inclusive or an all-
embracing definition of Democracy.
1
According to De Smith in order for a country to qualify it must have regular and transparent
elections held at periodical times, it must allow its citizens to freely mobilize themselves in
political parties and civil associations and trade unions. It must allow freedom of the press
and expression without any internal legislative and executive restraints. Its leaders must be
accountable to the people and be transparent in the manner in which govern the general
citizenry. It must promote the rule of law and separation of powers and the civil service must
be free from executive control. Therefore De Smiths hypothesis is that constitutionalism and
democracy is one and the same thing and that evidence of undemocratic practices constitutes
a serious breach to constitutionalism.