(a)Differentiate between constitution and constitutionalism. (b) What are the characteristics of a constitutional government?

Answer Details

(a) Constitution and Constitutionalism distinguished

A constitution is the body of fundamental rules, written or unwritten, by which a state is governed. It defines the structure of government, the powers and functions of the various organs, the relationship between them and between the government and the citizens, and the rights and duties of the people.

Constitutionalism, on the other hand, is the practice of limited government in which those who exercise power actually govern according to the provisions of the constitution and the rule of law. It means that government is not arbitrary but restrained by established rules. Thus a country may have a constitution without practising constitutionalism, but constitutionalism cannot exist without a constitution.

(b) Characteristics of a Constitutional Government

1. Limited government: The powers of government are defined and limited by the constitution and are not exercised arbitrarily.
2. Rule of law: Government and citizens alike are subject to the law, and no one is above the law.
3. Separation of powers and checks and balances: Power is shared among the legislature, executive and judiciary, each checking the others.
4. Guarantee and protection of fundamental human rights: The rights and freedoms of citizens are entrenched and protected.
5. Independent judiciary: The courts are free to interpret the law and settle disputes without interference.
6. Free, fair and periodic elections: Leaders are chosen by the people through regular elections and are accountable to them.
7. Accountability and openness: Those in authority are responsible to the people and govern in accordance with the constitution.
8. Supremacy of the constitution: The constitution is the highest law, and any act inconsistent with it is null and void.

(Any relevant characteristics are acceptable.)