Theory question 101
Constitutions and ConstitutionalismSection A (answer two questions only from this section)
(a) Differentiate between constitution and constitutionalism
(b) What are the characteristics of constitutional government?
Show the model answer
(a) Constitution: the body of fundamental laws, rules and conventions that sets up the organs of government, their powers and relationships, and the rights and duties of citizens.
Constitutionalism: the principle that government power must be limited by and exercised according to the constitution; rulers must obey it and actions against it can be declared null and void by the courts.
A country may have a constitution without practising constitutionalism (e.g. when rulers ignore it).
(b) Supremacy of the constitution; rule of law; separation of powers and checks and balances; independent judiciary; protection of fundamental human rights; equality before the law; periodic free elections; peaceful, regular change of government; free press and freedom of opposition; accountability of rulers.
Part (a) must show the difference, not just two definitions.