Authors: Kuper & Kuper
Summary: In just less than 1000 words, this entry defines and distinguishes between constitution and constitutionalism, describes the main elements of modern constitutions, and analyzes some symbolic uses of constitutions.
According to the entry, a constitution is a collection of rules and principles by which a nation-state is governed. Constitutionalism, a broader term, refers to the political environment within which a formal written constitution limits a government's power. Modern constitutions contain three main elements: they establish a system of governmental institutions, they distribute governmental power within the political jurisdiction, and they provide a framework of citizen rights and duties. Most modern nation-states have a single document--"the Constitution"--but constitutional rules may be expressed in other ways as well. Examples include ordinary laws like statutes or decrees, judicial decisions or well-established customs and conventions. The entry cites the United Kingdom as a modern nation without a formal written document.
The entry then turns to the problem of maintaining a constitutional system. Judicial review, the European Court of Justice and formal amendment processes are identified as ways to maintain and enforce constitutionalism. Whether or not constitutionalism exists, formal written constitutions can serve an important symbolic function or as a means of gaining legitimacy.