CHAPTER 6
Constitution and Constitutionalism
INTRODUCTION
‘Constitution’ is a term mostly used in everyday language by almost everyone, yet, its meaning, evolution, and intent are often unclear. Thomas Paine famously said that ‘a government without the Constitution is as power without rights’. It means, it not only limits the power of a government but also ensures rights to the people. Tracing its roots in the Magna Carta of 1215 or the Glorious Revolution of 1688, the idea of the constitution has taken theoretical and practical shape only in the seventeenth and eighteenth-centuries. With John Locke’s social contractarian justification of liberal natural rights and the American and French Revolutions of 1776 and 1789 respectively, constitution ...
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