CHANAKYA NATIONAL LAW

UNIVERSITY, PATNA

SUBJECT : COMPARATIVE PUBLIC LAW

TOPIC: CONSTITUTIONALISM.

SUBMITTED TO:-

Prof. Dr. P. P. Rao.

FACULTY of Comparative Public Law

SUBMITTED By:

PRASHANT KUMAR

ROLL NO – 456

COURSE : LL.M.

SEMESTR – 1ST
 INTRODUCTION

Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the
principle that the authority of government derives from and is limited by a body of fundamental
law".

Political organizations are constitutional to the extent that they "contain institutionalized
mechanisms of power control for the protection of the interests and liberties of the citizenry,
including those that may be in the minority". As described by political scientist and
constitutional scholar David Fellman:

Constitutionalism is descriptive of a complicated concept, deeply embedded in historical

experience, which subjects the officials who exercise governmental powers to the limitations of a
higher law. Constitutionalism proclaims the desirability of the rule of law as opposed to rule by
the arbitrary judgment or mere fiat of public officials ... Throughout the literature dealing with
modern public law and the foundations of statecraft the central element of the concept of
constitutionalism is that in political society government officials are not free to do anything they
please in any manner they choose; they are bound to observe both the limitations on power and
the procedures which are set out in the supreme, constitutional law of the community. It may
therefore be said that the touchstone of constitutionalism is the concept of limited government
under a higher law.

Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured
this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive
connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional
recognition of the people's right to 'consent' and certain other rights, freedoms, and privileges.
AIMS & OBJECTIVES OF THE STUDY

Discuss meaning, concept and meaning of Constitutionalism.

HYPOTHESIS

• The researcher assumed that Constitutionalism is the essence of Constitution, it is the

Constitutionalism which puts life into the Constitution by dealing with rule of law, separation of
power etc.

RESEARCH METHODOLOGY

The research methodology used in this project is the non-empirical type of research. The sources
from where the data has been collected are the secondary sources.

TENTATIVE CHAPTERISATION

1. Introduction

2. History and evolution of Constitutionalism

3. Rule of law

4. Separation of power

5. Constitutionalism as a means to limited and legitimate democratic governsment

6. Conclusion & suggestions

7. Bibliography