The concepts of constitutions and constitutionalism are related but distinct. A constitution is a set of fundamental principles or established precedents according to which a state is governed; it can exist in various forms, such as written or unwritten, and rigid or flexible. Constitutionalism, however, is a normative doctrine that government power should be limited and that its authority is dependent on observing these limitations. The core of liberal constitutionalism rests on two pillars: the rule of law and judicial independence. The rule of law dictates that all individuals and the government itself are subject to and accountable under the law, preventing arbitrary rule. Judicial independence ensures that the judiciary is kept separate from other branches of government and is not subject to improper influence, allowing it to impartially interpret and apply the law. A significant challenge to constitutionalism arises from the provision of emergency powers within many constitutions. These powers, designed to be used in times of grave crisis such as war or insurrection, allow the executive to suspend certain laws and constitutional protections, including fundamental rights. While intended to preserve the state, the invocation and prolonged use of emergency powers can lead to a crisis of constitutionalism, where the very mechanisms designed to limit government are used to establish unchecked authority, thereby undermining the rule of law and judicial oversight.
The passage suggests that a 'crisis of constitutionalism' can occur when:
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