Constitutionalism Vs Democracy

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This essay aims to briefly discuss the idea that - though the theory of Constitutionalism qualifies and limits democracy, it is not incompatible with democracy, as a Constitution derives its authority from the People who are sovereign. This essay discusses this idea in the light of democratic theory and in relation to the constitutional development of the United States of America. In doing so, this essay briefly discusses the concepts of ‘Democracy’ and ‘Constitutionalism’ and highlights the distinction between ‘Sovereign’ and ‘Government’. This essay also points out that constitutionalism or a constitution serves democratic interests insofar as it contains the right principles and is drafted through a ‘proper’ process.

Introduction
Constitutional government, originated as a defence of the individual's right to life and property, and to freedom of religion and speech. In order to secure these rights, …show more content…
We could divert our energies to the think about the relationship between citizens and constitutions, to the means of realizing democracy at the level of the fundamental laws, instead of focusing our attention on who should have the final word about the meaning of a constitutional provision. This, of course, does raise the stakes, constitutional theorists are no longer supposed to decide which of two more or less predictive institutions should enjoy more power (the judiciary or the legislature), but obliged to test their confidence and prejudices about ordinary citizens. In other words, the choice becomes that of trusting the political creativity of the citizens and proposing mechanisms to increase popular participation in constitutional

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