Constitutionalism form the core of good government in the modern democratic world to check on the powers of the different organs of government and the protection of liberty and fundamental rights of individuals within that sovereign territory. All efforts are made by the developed and the developing countries in upholding the rule of law, which are quaranteed through the constitution, to promote democracy for a just and fair society.
However, good the notion of the constitution is, there are different definitions applied by different stakeholders on the notion of what forms a good democratic polity and good constitution and constitutionalism. It is against this background that an elaborate research has been conducted by the author of the subject matter as part of the requirement in the award of Doctor of Juridical Science
Table of Contents
Chapter 1
CHAPTER 2
CHAPTER 3
CHAPTER 4
CHAPTER 5
CHAPTER 6
Research Objectives and Topics
The primary objective of this research is to analyze the interplay between constitutional law, constitutionalism, and democracy in modern governance. The study investigates how these frameworks protect individual liberties, establish the rule of law, and provide institutional structures to limit state power and ensure governmental accountability.
- The role and definition of constitutions in stable democratic societies.
- The relationship between legislative supremacy, the executive, and the judiciary.
- The doctrine of the rule of law and its implementation in modern legal systems.
- Mechanisms of responsible and accountable government.
Excerpt from the Book
The Rule of Law
Anthony Quinton has written; “in all its historical variations, the state has sought to discharge two corrected functions: - The maintenance of order within its domain by promulgation and enforcement of laws; and - The defence of the nations against external enemies.
To perform these functions, the state possesses coercive powers that may be used to oppress the people as well as confer benefits upon them (de Entreves). Law is an instrument for exercising state power that in some circumstances is also a means of protecting the people against arbitrary or abusive governments. Aristotle argued that government by laws was superior to government by men (d’Entreves). One dominant theme in the story of Western civilization in the last 500 years has been the struggle for liberty and rights against absolutism in its several forms, including the absolutism of the state and its use of law.
Gurke wrote “Medieval doctrine, while it was truly medieval, never surrendered the thought that law is by its origin of equal rank with the state and does not depend on the state for its existence. Bracton, in the 13th Century, maintained that rulers were subject to law: “The king shall not be subject to men, but to God and the law “….law makes the king”.
Summary of Chapters
Chapter 1: This chapter defines the scope of constitutional law, the nature of a constitution, and the distinction between written and unwritten constitutional systems.
CHAPTER 2: This chapter explores the formal sources of constitutional law, including legislation, judicial precedents, and the role of constitutional conventions in governing political behavior.
CHAPTER 3: This chapter examines the significance of constitutions in the modern world, focusing on parliamentary supremacy and the legal nature of legislative sovereignty.
CHAPTER 4: This chapter discusses the separation of powers doctrine, analyzing the distinct functions of the legislature, the executive, and the judiciary.
CHAPTER 5: This chapter outlines the principles of responsible and accountable government, detailing the ministerial responsibility to Parliament and the role of the rule of law.
CHAPTER 6: This chapter investigates the strategic relationship between liberalism, constitutionalism, and democracy, highlighting the practical challenges of maintaining social order.
Keywords
Constitutional Law, Constitutionalism, Democracy, Rule of Law, Separation of Powers, Parliamentary Supremacy, Judicial Review, Executive Accountability, Liberalism, Human Rights, Ministerial Responsibility, Legal Sovereignty, Written Constitution, Administrative Law, Political Doctrine.
Frequently Asked Questions
What is the primary focus of this research?
The work focuses on the conceptual and practical relationship between constitutional law, constitutionalism, and democracy as pillars of a modern, just government.
What are the core thematic fields addressed?
The study covers the functions of constitutions, the separation of powers, the rule of law, governmental accountability, and the socio-economic aspects of liberal democracy.
What is the central research question?
The research explores how constitutional structures and the rule of law can be effectively balanced to limit state power while fostering democratic governance and protecting fundamental rights.
Which scientific method is utilized?
The author employs a comparative legal and political theory analysis, referencing historical precedents, constitutional doctrines, and diverse national examples such as the UK and the USA.
What topics are covered in the main body?
The main body examines the definitions of constitutional law, the doctrine of legislative supremacy, the relationship between the three branches of government, the rule of law, and mechanisms of ministerial accountability.
Which keywords characterize this work?
Key terms include constitutionalism, democracy, rule of law, separation of powers, and parliamentary supremacy.
How does the author define the "rule of law"?
The author presents the rule of law through Dicey’s three-fold exposition: the supremacy of regular law, equality before the law, and the constitution as a result of judicial and legislative action.
What distinction is made between "responsibility" and "accountability"?
The text notes that a Minister is 'accountable' to Parliament for all departmental operations, whereas 'responsibility' pertains specifically to broad policy frameworks and direct administrative decisions.
How does the author view the "separation of powers"?
It is described as a fundamental principle essential for maintaining democracy and the rule of law, ensuring that no single organ of government holds absolute, unchecked authority.
- Quote paper
- Professor Nicholas Sunday (Author), 2013, Constitutional Law, Constitutionalism and Democracy, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/213984
