Introduction

Abstract

Although “constitutionalism” is an essentially contestable concept, scholars agree that it has three major requirements: limitation of political power, rule of law, and protection of individual rights.¹ Substantial elements of constitutionalism, such as garantisme² and supremacy of constitution, establish yet another set of characteristics that do not necessarily oppose its relational requirements—such as separation of powers and checks and balances.³ Furthermore, a “generally observed disposition to exercise of public power pursuant to publicly known rules, adherence to which actually provides a substantial motivation for acting or refraining from acting;… and a reasonably independent judiciary; and reasonably free and open elections with a reasonably widespread franchise”⁴ provide both political and judicial processes in which constitutionalism can be achieved.