CONSTITUTIONAL LAW – CONSTITUTION – Meaning of Constitution and the evolution of constitutionalism


“The term Constitution denotes: The fundamental and organic law of a Country or State that establishes the instructions and apparatus of government, defines the scope of governmental sovereign powers and guarantees individual civil and civil liberties; a set of basic laws and principles that a Country, State, or organization is governed by. See BLACK’S LAW DICTIONARY 11th edition 2019 op cit @ 388. Arguably, the evolution of constitutionalism could be said to have predated democracy. As aptly attested to by J. M. Colomer: Constitutions came earlier than democracy. During the late middle ages and early modern times, Constitutions were mainly devices for establishing rights and limiting powers, functions that are still emphasized in certain academic literature on constitution. But as the old powers to be limited were autocratic, Constitutionalism advanced almost naturally together with the expansion of suffrage rights and democratization. A Constitution is usually defined as ‘a set of rules’ for making collective decisions made by means of rules can solve human coordination and cooperation dilemmas. See JOSEPH M. COLOMER: “COMPARATIVE CONSTITUTIONS” IN THE OXFORD HANDBOOK OF POLITICAL SCIENCE (2009) @ 179; copiously alluded to in BLACK’S LAW DICTIONARY 11th edition 2019 @ 388-389.” Per SAULAWA, JSC in APC & ORS v. ESIEC & ORS (2021-LCER-40460-SC) (Pp 65 – 67 Paras F – A).

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