Concepts of Constitutional Law

Question 1

What is Constitutionalism?

Answer 1

Constitutionalism is the idea that a government acts under the authority of a written constitution and is also limited by that constitution. Constitutionalism is the empowerment and limitation of government by a constitution in order to prevent oppression and the abuse of power.

Constitutionalism is about the notion that a constitution must both structure and constrain state power.

Question 2

What does constitutionalism set out or what are its key characteristics?

Answer 2

1. Constitutionalism identifies and establishes the institutions and structures of governance (such as the legislature, executive, judiciary, and the national, provincial, local spheres of government).
2. Constitutionalism is concerned with the formal and legal distribution of public power among different institutions and structures of governance and the procedures they must follow when they exercise these powers.
3. Constitutionalism plays an important role in determining the nature and basis of relations that exist between institutions and structures of governance and those they govern.
4. Constitutionalism envisages the enactment of binding rules or laws for the regulations of the political community and its institutions and structures of governance.
5. Constitutionalism simultaneously authorises and imposes limits on the exercise of public power, while also being concerned with establishing institutional mechanisms to ensure that the exercise of such power takes place within the vision and parameters set by the constitution.