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4 - Liberalism and Constitutionalism: Parliament and the Judiciary

Published online by Cambridge University Press:  05 November 2011

Rohan Edrisinha
Affiliation:
University of Colombo
Rajiva Wijesinha
Affiliation:
Professor of Language, Sabaramagua University
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Summary

Perhaps the greatest contribution of liberalism to modern political science has been in the area of constitutionalism, in particular through the emphasis liberalism places on appropriate institutional arrangements in society. The importance of a critical focus on power and on the limits of power has been highlighted by liberals throughout the ages. Indeed many liberals have argued that it is the extent of power rather than the manner in which power is exercised that concerns them more.

While the distinction should not be over-emphasised, as will be argued later, there is considerable truth in the observation that:

whereas liberal constitutionalism emphasises the need for limiting power and restraining rulers, socialist constitutionalism is concerned with creating the conditions for socialist society.

This paper will not deal with all the institutional devices which are commonly established to protect liberal democracy. It will, instead, focus on the elemental or foundational ground rules of constitutionalism. It is submitted that all other institutions and mechanisms should, in a successful liberal democracy, ultimately be subordinate to this pivotal principle. It will be argued further that, in former British colonies like the countries of South Asia, there are often misconceptions as to the meaning of constitutionalism which have vitiated the political process.

The Liberal Democratic State

A liberal democracy is a qualified democracy. Democracy stresses popular participation and accountability and the rule of the majority.

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Publisher: Foundation Books
Print publication year: 2009

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