The importance of the constitution

It is important to keep in mind that a term constitutional state theoretically differs from the constitutional democracy, as it does on practice. Any form of government together with electorate may establish a constitution. The bright example of that is totalitarian communism and its formal progressive constitution. There are many more other autocratic regimes around that match those criteria. In simple terms, even if such system applies the laws of constitution and follow all the prescribed rules with the support of the state apparatus and courts, it is only a rule-of-law state or rechtsstaat. It is called a dictatorship, and neither constitutional democracy nor democratic state with the rule of law at the top.

One cannot deny that power can be limited only by another equal power. In other words, the main factor of stability and internal balance is division of power and mutual control under a law approved by the nation – constitution. Also, it is necessary to pay attention to the fact that there have not been any major wars for last 60-70 years in Europe, which certainly owes itself to deep rooting of constitutionalism after WWII. It would be correct to mention the preventive effect of constitutionalism in this context as well as strong constitutional court. As Helmut Steinberger said: “… with their reputation, possibilities, and competence they in themselves have a limiting effect on any attempts to act in a manner contrary to the constitution and to restrict rights and freedoms.”

Actually, democracy is deemed to be a difficult form of government regardless if it is favourable circumstances or not. It seems to be all the more difficult when society’s economic environment is weak, civil society is still developing, and finally ...

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...ducts of these disorders. The courts primary purpose is to repress totalitarianism by supporting democracy, though constitutional values are greatly violated. The most of the time constitutional values are violated by the legislature and executive powers itself. To minimize the violations, constitutional jurisdiction was established which secures democratic constitutional stability and eliminates suppression of democratic values.

Certainly one may think that the constitution and constitutional courts are the “weapons” in hands of power to set down mutual interests and relations. However, constitutional law, establishing a framework for the society and its members, belongs to every and each one, who can count on it either it is unwritten or written.

Works Cited

6. R. Maruste. The role of the constitutional court in democratic society. JURIDICA INTERNATIONAL. 2007.