ABSTRACT

This chapter aims to distinguish the particular way in which political authority and its relationship with individuals is justified under the theory of constitutionalism through its basis in equal liberty. Constitutionalism is a normative ideal and a historical project with specific achievements to its credit. On the basis of the development of the theory of constitutionalism, it is to some extent possible to describe some of the features that are central to constitutionalism. While there are divergent views on the substantive features of constitutionalism, one may nonetheless identify some of these, including the rule of law, separation of powers, checks and balances, free and fair elections, judicial independence, and constitutional rights and their justiciability. A distinctive feature of constitutionalism is the idea of constitutions as the fundamental law which simultaneously establishes the governmental system of the state and regulates the exercise of political authority within the system.