Constitutionalism - Philosophical Essay

Essay by [KTF]S.E.S.College, UndergraduateA-, February 2003

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Phil 2050 Final Essay - Constitutionalism4/5/02

It has come to my attention Governor-General Smith, that the recent acquisition of the newfound Charter of Rights and Freedoms for our nation has raised doubt, and questions from both the people, and yourself. The whole concept of constitutionalism, as a result, I believe is vague, and sparse across the land. Therefore it is my intent to explain in detail the many issues, and concerns regarding constitutionalism, and how it will apply, and if it will be beneficial or not. Consider if you will, a leash, similar to that used by pet-owners. A leash that clings on to a pet, and ensures that it will never stray off too far, and as a result, will never get lost. Its a fairly simple analogy, but one that is fairly relevant to constitutionalism where the leash sets the boundaries, and limitations on government power. But constitutionalism requires much more then simply censoring the government.

It also depends on the government acknowledging these limits, and not being able to change them at will because their authority will come from consistently observing those limits. In an extremely general sense, constitutionalism both limits and empowers government of, by, and for the people. And it is through the constitution, the people grant power to the government to act effectively for the public good. A constitution by and large defines with precision the objects of the legislative power and restrains its exercise within marked and settled boundaries. The powers of the legislature are defined and limited; and that those limits are not mistaken, or forgotten, constitutions are usually written, and entrenched. The difference between constitutionalism and a constitution is clear. Constitutionalism is the notion of government limitation, and is promulgated through the constitution, which act as the medium. But constitutionalism means...