Constitutionalism: Principles, Evolution,

and Contemporary Relevance

Constitutionalism represents one of the foundational pillars of modern governance systems,
embodying principles that go far beyond the mere existence of a written constitution. It
encompasses a philosophical framework that shapes how power is distributed, exercised, and
constrained within a state to promote the well-being of its citizens while preventing arbitrary rule.
This doctrine has evolved significantly throughout history, continuously adapting to changing
social, political, and economic contexts while maintaining its core commitment to ordered liberty
and good governance.

1. Introduction
Constitutionalism, at its core, is a doctrine that governs the legitimacy of government action. It
implies something far more significant than mere legality, requiring official conduct to adhere to
pre-established legal rules and principles2. As a philosophy, constitutionalism demands that
governments remain bound by constitutional provisions and limitations, ensuring that state
power is neither absolute nor arbitrary2. In modern democratic societies, constitutionalism
serves as the backbone of democratic government and welfare states, providing necessary
checks and balances against the excessive use of state power2.

While often associated primarily with limiting governmental authority, contemporary

understandings of constitutionalism also recognise its positive dimension. As Nick Barber
contends, constitutionalism and its associated principles require that states be structured to
advance the well-being of their people, not merely to constrain power5. This perspective reveals
constitutionalism's dual nature—as both a limiting and enabling framework for governance.

2. Relation with the Constitution and Constitutional

Government
Though closely related, a constitution and constitutionalism are distinct concepts. A constitution
is a body of fundamental laws or principles that govern a state, establishing its basic structure
and processes. Constitutionalism, however, is the philosophy or principle underlying
constitutions, requiring that governments abide by constitutional provisions2. In essence, while
a constitution is a legal document, constitutionalism is the doctrine that gives it meaning and
purpose.

Constitutional government emerges from this relationship as a system where governmental

authority is determined and constrained by a body of laws—the constitution2. The doctrine of
constitutionalism governs socio-political and economic relationships within a nation through the
distribution of state power via constitutional mechanisms2. A truly constitutional government is
characterized by:

1.​ Limited government powers​

2.​ Clear relationship between citizens and government​

3.​ Legitimacy derived from adherence to constitutional principles​

4.​ Predetermined legal rules guiding official conduct​

The principles of constitutionalism—sovereignty, separation of powers, rule of law, subsidiarity,

democracy, and civil society—function as interlocking parts of a broader doctrine5. These
principles collectively ensure that government remains accountable, responsive, and limited,
thereby safeguarding individual freedoms while enabling effective governance.

3. Evolution of the Idea

The concept of constitutionalism has undergone a remarkable evolution spanning over two
millennia. It began in a rather primitive form in ancient Greece approximately twenty-three
centuries ago. For the Greeks, a constitution represented the general system of authority
through which state functions were performed—essentially the essence of the state itself3.
Greek constitutions established governmental organs, selection methods for officers, and
located sovereign power, which determined the nature of the constitution itself3.

The philosophical foundations of constitutionalism were also being laid during this period.
Aristotle recognized the existence of "natural justice...that is binding on all men," while
Demosthenes described the law as "a discovery, a gift of God,--precept of wise men"3. This
notion of a higher law—a fundamental law that overrules man-made law—established the
critical constitutionalist principle that man-made law is only legitimate when created following
higher or fundamental law3.

The Roman contribution further developed these ideas, particularly through the concept of the
rule of law. However, constitutionalism's most significant development occurred much later, with
the framing of American constitutions. These framers' distinctive contributions "practically
marked the culmination of this development and determined the model for true constitutionalism
which has been widely copied by the rest of mankind"3.

The modern understanding of constitutionalism emerged through historical struggles against

absolute monarchies, colonial rule, and totalitarian regimes. These experiences reinforced the
necessity of constitutional limitations on governmental power and the protection of fundamental
rights. Today's constitutionalism reflects this complex historical lineage, combining ancient
philosophical insights with practical mechanisms for maintaining limited but effective
governance.

4. Constitutionalism in India
India's experience with constitutionalism represents one of the most ambitious and remarkable
constitutional experiments in human history. The Constitution of India, adopted on November
26, 1949, and effective from January 26, 1950, stands as the longest written national
constitution in the world. This comprehensive document lays down the framework that
demarcates the fundamental political code, structure, procedures, powers, and duties of
government institutions while establishing fundamental rights, directive principles, and duties of
citizens4.

Indian constitutionalism is characterized by several distinctive features:

Constitutional Supremacy
Unlike the parliamentary supremacy found in the United Kingdom, India espouses constitutional
supremacy, as its constitution was created by a constituent assembly rather than parliament4.
This establishes the constitution as the highest law of the land, against which all other laws and
government actions are measured.

Basic Structure Doctrine

A unique contribution to global constitutionalism is India's "Basic Structure Doctrine." Though
the Indian Constitution does not explicitly limit parliament's power to amend the constitution, the
Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala held that certain
features of the Indian constitution are so integral to its functioning and existence that they can
never be amended4. This judicial innovation has become a cornerstone of Indian
constitutionalism, safeguarding democratic foundations against potential erosion.

Constitutional Autochthony
To ensure constitutional autochthony (indigenous origin and independence), India's
constitutional framers deliberately repealed prior acts of the British parliament in Article 3954.
This step symbolically and legally severed colonial ties, establishing the constitution as a truly
Indian document reflecting the nation's aspirations and values.

Democratic and Republican Framework

The constitution declares India a sovereign, socialist, secular, and democratic republic, assuring
its citizens justice, equality, and liberty while endeavouring to promote fraternity4. This
framework embodies the constitutionalist principles of popular sovereignty, separation of
powers, and protection of fundamental rights.

The development of Indian constitutionalism wasn't instantaneous but evolved through a careful
process. The Constituent Assembly, formed on December 6, 1946, worked diligently for nearly
three years to craft the constitution4. This deliberative process involved extensive debates,
compromises, and thoughtful consideration of India's unique social, cultural, and political context
while drawing inspiration from constitutions worldwide.

5. Commentary on the Idea of Constitutionalism

Constitutionalism today faces significant challenges and opportunities in an increasingly
complex world. While its core principles remain vital to democratic governance, several
observations merit consideration:

First, constitutionalism must be understood as more than merely restrictive. The traditional view
of constitutionalism as primarily limiting government power fails to capture its enabling
dimension. As Nick Barber argues, constitutionalism requires that states be structured to
advance citizens' well-being5. This perspective recognizes that effective governance, not just
limited governance, is essential for constitutional success.

Second, constitutionalism operates differently across cultural and historical contexts. While
certain principles (rule of law, separation of powers) appear universal, their implementation
varies significantly based on each society's unique circumstances. India's adaptation of
constitutionalism demonstrates how universal principles can be successfully integrated with
local traditions and needs.

Third, modern challenges—including digital transformation, climate change, economic

inequality, and security threats—test traditional constitutionalist frameworks67. These issues
often transcend national boundaries, requiring innovative constitutional approaches that
maintain fundamental principles while addressing contemporary problems.

Fourth, constitutionalism's success depends not only on institutional design but also on political
culture. Even the most perfectly crafted constitution will fail without widespread commitment to
constitutionalist values among both leaders and citizens. This cultural dimension of
constitutionalism merits greater attention in constitutional theory and practice.

Finally, constitutionalism should be viewed as an ongoing project rather than a fixed

achievement. Constitutional systems require continuous refinement and adaptation to remain
effective. The evolution of Indian constitutionalism through judicial interpretation, amendments,
and changing social norms illustrates this dynamic quality.
6. Conclusion
Constitutionalism has evolved from ancient philosophical insights into a sophisticated framework
for democratic governance. Its core principles—limited government, separation of powers, rule
of law, protection of rights, and popular sovereignty—provide essential safeguards against
tyranny while enabling effective governance. The Indian experience demonstrates how
constitutionalism can be successfully adapted to diverse social and political contexts while
maintaining its fundamental commitments.

As we face increasingly complex global challenges, constitutionalism's importance grows rather

than diminishes. However, constitutionalism must continue to evolve, balancing its traditional
focus on limiting power with the need for effective governance to promote human flourishing.
The future of constitutionalism depends on our ability to preserve its core principles while
adapting its mechanisms to address contemporary realities.

The enduring value of constitutionalism lies in its dual promise: protecting freedom by
preventing arbitrary power while enabling collective action for the common good. By maintaining
this balance, constitutionalism remains an indispensable framework for just and effective
governance in the 21st century and beyond.