Page 60 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Unit 3: Constitutions and Constitutionalism

constitutionalism is that here in we find the “true beginning of modern documentary Notes
constitutionalism.”
Constitutionalism after the First World War: The period following the first Great War came as an
era of great surprise since, instead of bringing about a rich harvest of constitutionalism after the
termination of hostilities in a world that could be made ‘safe for democracy’, it witnessed serious
authoritarian reactions against the process of constitutionalism hitherto set in the direction of
representative and responsible government. The emergence of communism in Russia, Fascism in
Italy and Nazism in Germany can be cited as the concrete instances in this regard. The new
constitutional devices adopted in these countries contained two elements that distinguished them
from a constitutional state hitherto known—political dictatorship through the dominance of a
single party to the exclusion of all others and a totalitarian system that used the political machine
to control and direct every aspect of economic, social and even religious life. However, one
remarkable aspect of the post-First War period was the establishment of the first international
organisation called the League of Nations that aimed, by constitutional means, at preventing or
peacefully settling conflicts between the sovereign states. It marked a new and unprecedented
stage in the development of constitutionalism. Constitutionalism, thus, came to have one more
attribute called internationalism.
Constitutionalism after the Second World War: While the dictatorships of Italy, Germany and
Japan were destroyed in the second Great War, the model of the Soviet Union survived that now
witnessed its proliferation in other countries of the world. As a result, a new model of
constitutionalism came to have its place that may be found in all the communist countries of the
world. A good number of countries became free that sought to adopt the English or American
models or a peculiar combination of the two. For instance, while India adopted the Westminster
model in 1950, Pakistan switched over to the American-model in 1958 and then got back to the
English model in 1972 subverted in 1977. The poor and backward countries of the Third World,
called the developing countries, made several interesting experiments with constitution-making
in order to have a constitutional state. The establishment of the United Nations at the debris of the
League of Nations cemented the fact that constitutionalism not only stands for nationalism and
democracy, it also includes the attribute of internationalism. So we take note of the fact that in the
Japanese Constitution of 1946, renunciation of war has been specifically incorporated so as to
confirm its character as a document of ‘peace’. The Constitution of India includes a directive
principle in its Part IV (Art. 51) saying that the State shall strive for a peaceful and secure
international order, promote international law and justice and seek pacific settlement of international
disputes.
A study of the theme of the development of constitutionalism, as contained above, leaves certain
important impressions.
1. Constitutionalism signifies ‘addiction to constitutions or the fundamental law’. That is, it desires
that every state should be governed by means of a constitution that may be taken as a clear
proof of the fact that the rule of law and not that of man is the prime necessity of a civilised
political order.
2. Constitutionalism, in course of time, has come to have three essential attributes—nationalism,
democracy and self-government. We have neither city-states of the ancient model nor an empire
of the medieval form but sovereign nation-states. Then, every state is committed to the ideal of
a democratic form. Thus, constitutionalism desires that power should be with the people and
that all changes should be effected in a peaceful and lawful manner.
3. Internationalism requires that every state must subscribe to the principle of a super-world
federation in which each state is a member and it has to keep faith in the principles of the
charter of this international organisation.
4. Since modern state is a social welfare state, it is also needed that the constitution of a state must
be such that the idea of social and economic welfare of the people be realised so as to ensure an
equitable social, economic and political order.

LOVELY PROFESSIONAL UNIVERSITY 55