ABSTRACT
Constitutionalism is the basic idea that the exercise of governmental powers should be limited by a basic law (usually but not always written down), and that the legitimacy of coercive law-making by a government depends on its observing the limitations and rules established by that more fundamental legal order. A minimal understanding of constitutionalism holds simply that the basic powers of government (legislative, executive, judicial) are assigned to specific offices, organs or institutions (even if just one single office), and that the exercise of those powers must observe the limits and procedures set out in the basic law. However, in the modern period it is broadly assumed that ‘constitutionalism’ as a doctrine of legitimate governance implies a separation of the basic governing powers into distinct organs or branches, and the regulation by law of which competencies are ascribed to which institutions and how conflicts between the branches are to be resolved legally. In addition to limitations on the powers of various branches or authorities by the existence of other branches, constitutionalism is also often associated with limitations on the power of government as such, particularly in the form of civil or human rights commitments.
