Constitutionalism in India and the USA

Abstract

Constitutionalism is sometimes used interchangeably with limited government. According to some, this doctrine is associated with minimal or less government. However, this is only one interpretation, and it is far from the most prominent historically. The most important aspect of constitutionalism is that it seeks to prevent arbitrary government. At its most generic level, arbitrariness consists of rulers' potential to govern wilfully with complete discretion and to serve their interests rather than those of the ruled. Constitutionalism seeks to avoid these dangers by establishing mechanisms that govern who can rule how and for what grounds. However, constitutional traditions are unlike regarding what constitutes an arbitrary act and which mechanisms provide the best defence against it. Arbitrariness is associated with the domination of the ruled by their rulers in the classical neo-republican tradition of political constitutionalism, which seeks to avoid it by establishing a condition of political equality. characterized by the balance of power between all the relevant groups and parties within a policy so that no one can rule without consulting the interests of the ruled. The more modern liberal tradition associates arbitrariness with interference with individual rights and seeks to protect them through the separation of powers and a constitutionally protected constitution. Both traditions exist in most democracies and can be found coexisting in many constitutions.