Mudassir Rizwan
Constitutional government is a key feature of modern governments, but mere possession of a constitution does not automatically make a government constitutional. Constitutional government is characterized by several key elements:
Procedural Stability: This is not just a feature, but a cornerstone of constitutional government. Fundamental procedures should not be subject to frequent or arbitrary changes. This stability provides citizens with a clear understanding of the rules governing politics and ensures that their actions have predictable consequences. In contrast, non-constitutional regimes, such as Hitler’s in Germany and Stalin’s in the Soviet Union, were characterized by unpredictable and arbitrary rule. The emphasis on procedural stability in a constitutional government should instill a sense of security and confidence in the system among the citizens.
Accountability: Those in power must be regularly accountable to at least a portion of the governed. In a constitutional democracy, accountability to the electorate is owed by all government officials. This accountability is enforced through various procedures such as elections, promotion and discipline systems, fiscal accounting, recall, and referendum. It enables citizens to hold government officials responsible for their actions.
Representation: This is not just a formality, but a fundamental principle of constitutional government. Those in office should act as representatives of their constituents. While elections are a common means of securing representation, they are not the only way. The problems of representation are more related to democratic criteria than to constitutionalist criteria. A government may be considered constitutional as long as it provides procedural stability and accountability, and the governors are representative of the best or most vital elements in the body politic. The emphasis on representation in a constitutional government makes the citizens feel heard and valued in the political process.
Division of Power: Constitutional government requires a division of power among different organs of the government. For instance, in the United States, the power is divided among the legislative, executive, and judicial branches. This ensures the presence of restraints and ‘checks and balances’ in the political system, allowing citizens to influence policy through several branches of government.
Openness and Disclosure: This is not just a requirement, but a fundamental principle of constitutionalism. Constitutionalism relies on the disclosure of government affairs. This openness is crucial for successful democracy, as informed participation from citizens is essential for effective government. Bureaucracies’ activities were initially shrouded in secrecy, but constitutional restraints required them to disclose the content of their official activities to the public, to whom they owed accountability. The stress on openness and disclosure should make the audience feel empowered and integral to the democratic process.
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Constitutionality: Written constitutions provide the standard by which the legitimacy of governmental actions is judged. Several written constitutions, including the U.S. Constitution, allow for judicial review of legislative actions for their conformity with the constitution. Judicial review is the power of a court to review the actions of a government body to determine whether they are consistent with the constitution. This does not mean that a constitution is regarded as superior to all law, as portions of law codes may be revised to align with constitutional norms.
Constitutional Change: Written constitutions, like the U.S. Constitution, are harder to change compared to unwritten ones. Unwritten constitutions, also known as ‘flexible’ or ‘evolutionary’ constitutions, are not contained in a single document but are based on a combination of statutes, conventions, and judicial decisions. Constitutional procedures for change need to be followed, and any attempt to effect change through judicial review or interpretation is unconstitutional unless provided for by the constitution itself.
It is important to combine procedural stability with substantive flexibility for successful constitutional systems, and written constitutions must align with the customs and thinking of the people to be effective. Constitutional government cannot survive in situations where the constitution prescribes behavior alien to the people’s way of thinking.
