Constitutionalism is adherence to a system of constitutional government and constitutional process. It envisages a government in which power is distributed and limited by a system of laws that the rules must obey. Constitutionalism is the idea that the government can and should be legally limited in its posers and that its authority or legitimacy depends on its observing these limitations. Constitutionalism seeks to respect constitution, its philosophy, democratic process, freedom and protection of rights.

Components of Constitutionalism

  • Written constitution
  • Constitutional supremacy
  • Ensuring civil rights
  • separation of power
  • Balance of power
  • Independent Judiciary
  • Provision of Judicial review
  • Internalizing the concept of rule of law

Political aspects of constitutionalism

  • Voting rights
  • periodic election
  • Able constitutional bodies
  • Rule by majority and respect for minority
  • Existence of political parties
  • Balance of power
  • Adult franchise

Constitution of Nepal 2072 and constitutionalism

Following aspect of constitution of Nepal 2072 has followed the concept of constitutionalism: Multiparty system, adult franchise, democratic system, judicial review, freedom, fundamental rights, independent judiciary, rule of law.

Constitution of Nepal 2072 and anticonstitutionalism

  • Most of the fundamental rights are implemented via law