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Kant had thus formulated the main problem of constitutionalism, “The constitution of a state is eventually based on the morals of its citizens, which, in its turns, is based on the goodness of this constitution.” Kant's idea is the foundation for the constitutional theory of the twenty-first century.
It also possesses unitary features such as a single constitution, single citizenship, an integrated judiciary, a flexible constitution, a strong central government, appointment of state governors by the central government, All India Services (the IAS, IFS and IPS), and emergency provisions. This unique combination makes it quasi-federal in form.
The Preamble of the Constitution of India – India declaring itself as a country. The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the ...
There is often confusion in equating the presence of a written constitution with the conclusion that a state or polity is one based upon constitutionalism. As noted by David Fellman, constitutionalism "should not be taken to mean that if a state has a constitution, it is necessarily committed to the idea of constitutionalism. In a very real ...
Consciously appealing to a broader and more working-class audience, Paine also used the magazine to discuss worker rights to production. This shift in the conceptualization of politics has been described as a part of "the 'modernization' of political consciousness," and the mobilization of ever greater sections of society into political life.
Fundamental rights primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals. [11] For instance, the Constitution abolishes untouchability and also prohibits begar. These provisions act as a check both on state action as well as the action of private individuals.
Such "arbitrary separation" by race, Harlan concluded, was "a badge of servitude wholly inconsistent with the civil freedom and the equality before the law established by the Constitution." [43] Harlan's philosophy of constitutional colorblindness would eventually become more widely accepted, especially after World War II.
In his 2001 book A Student's Guide to Political Philosophy, Harvey Mansfield contrasts political philosophy with political science. He argues that political science "apes" the natural sciences and is a rival to political philosophy, replacing normative words like "good", "just", and "noble" with words like "utility" or "preferences".