Compara
proclaimed by capitalist detnocracy
and the should be regarded as the
of factual limitations
and constítutionalisn in most
thousands
making hired slaves of
the the Third World like Egypt, f the
complications
proletarians," Pundamentaliy different
from Sudan, Afghanistan, Sraq,
irar,
this, fhe viets were the concils of the
workers Pakistan,
Bangjadesh, Indonesia and
edwed with the aim to draw the whole of the The case of constitutionalirn
Thailand
in.
Myatimat,
poor into the practical work of administration.
t was a power that was open to all, that did
everything in the sight of the masses, that was
countries may, however, be said
broad features: Fírst, orne
and Srí Lanka have been able
to
countries
derveerja,
accessible to the masses, that sprang directly to
from the masses, The Marxist concept of
the values of a western
incorpRas
Constitutional
though the ideals like those of
constitutionalism, thus, stood for the system of
the Soviets wherein "is realised the uniíversal
and justice have been
suitably liberty,
the requirernents of a social ternpered eguality
participaticn of the working people, one and welfare of the society. Second, and
all, in the management of the state,"3 like Ghana, Tanzania,
Concept of Constitutionalism in Developing
Countries : It is very difficult to suggest the have not yet been ableUganda, Pakistan
to choose the
precise features of the concept of options and they still feel that the comtet
constitutionalism in poor and backward concept of constitutionalismn may not westers
countries of the Afro-Asian world that have real purpose, though they have serve thét
the stage of losing their faith not yet reachet
recentBy emerged as sovereign nation-states and altogether
are struggling hard for achieving concept so far. Thírd, a definite shift in to
the
soCial welfare state. It appears that ideal of a imbibing the values of a socialist toward
torn between the poles of imitatíng they are definitely visible to solve the pressingconcept ate
of sorne European country the system of anascent social welfare problems
state. It is for this
remained for a sufficientlyunder long
which they reason that essential liberties of the people
colorial dornination on the one hand period of have been suitably curbed in
countries like
for a better and mnore and going South Africa and Afghanistan. As
workable
much of the indigenous elements system having fact, many developing countries area matter of
coupled
sornething of the 'socialise systems of with agrim challenge, something that faced with
World on the other. It is also
found that several
the President Lincoln when he said:was"Must felt by
a
developing countries are experimenting government, of necessity, be too strong for the
the imported constitutional with liberties of its own people, or too weak to
trying to establish a synthesis arrangements and maintain its own existence."
ideals of the between the
liberal-democratic
state on the one side and constitutional Problems and Prospects of
the demands and
aspirations of the
is for this reasxon local people on the Constitutionalism
that countries like other. It Mention, at this stage, must be made of the
and Bangladesh can
be seen involved
Pakistan forces that work against the operation of a
alternating, from parliamentary to in
constitutional government results
systens and vie versa. It can presidential shake our and whose of
that the failure of also be found faith in the concepl the
the
led to the collapse constitutional state has constitutionalism as an addiction to
its replacement by aof the popular system arnd establishment of a democratic political
order.
system of military rule that
Three factors may be discussed in this regard-
43. Vynhinsky
44. See The Lu)
Wheare, op. cit., ofp. the
142.
Sooiet State, p. 84.
Constitutionalism 227
and socio-economic conditions of national emergency. It was under
these conditions that President Lincoln went to
emergency
war, It is in the war time wwhen
the
degeneration.
claims absolute power and in the the unprecedented extent of using troops to
crush the revolt of the southern States of the
government
of defending the realm from foreign
name
goes to the final extent of crushing American Union that had raised their heads in
aggression
essential
liberties of the people. The opposition tohis mission of banishing slavery.
the undertakes several measures like The British government took several important
g o v e r n m e n t
military training,
conscription, measures to meet the conditions of emergency
during the days of the first and second world
compulsory
nationalisation of major industries, censorship
the sake of defending the wars. American President Roosevelt went to
press, etc. for
of the appears that the framework of a the length of having 'New Deal' legislation in
country. It the 1930's to face the conditions of great
government is subverted during
depression. The Government of India had made
constitutional
times. Such a statement may may and not
war
upon the nature of the several important arrangements after the
be correct depending a constitutional proclamation of national emergency in 1975
Thus, whereas
case.
had its total doom in
countries like that were dubbed by its critics as the murder
government
during the days of of democracy'. What we have said above applies
Italy, Germany and Japan could not have the here also. It depends upon the nature of the
the Second World War, it and case whether conditions of emergency entail
countries like France
same fate in other constitutional the doom of the constitutional government or
Britain. Areturn to the normal United States
the termination of not. Thus, while countries like the
government occurred after of a limited
and Britain returned to the era
hostilities. termination of the
particular government after the
Aconstitution may incorporate a conditions of emergency, others like Italy,
government
clause saying that the powers of the Germany and Japan took the matter to a point
shall be unlimited during the days of war or that their 'constitutional governments
had a
armed rebellion as we may see in the case
of
depends quite inglorious end.
the Irish constitution. It, however,
whether such a Finally, there is the factor of the
social and
upon the nature of the case economic distress. Eradication of
the conditions
categorical provision goes against the very spirit
the of starvation, famine, illiteracy, disease, poverty,
that
of constitutionalism or not. It is said squalor, prestilence, etc. requires discretionary
emergency powers of the President, as
given in is called for
action of the state. The government
the Indian constitution, look like a replica of totake immediate and drastic
action to alleviate
the Weimer constitution wherein the seeds of the sufferings of the people.
What the
future totalitarianism were embedded. One may Government of India has been doing
since the
Well disagree with such a rash judgment and inauguration of the five year plans can be
cited
endorse the sane observation of Wheare: "The direction. We mav
as aclear instance in this that the
extent to which constitutional government has once again reiterate the same
point
great
Deen suspended in time of war varies a means outstretched authority of the government to
deal. It need not be assumed that war
alleviate the conditions of social and economic
the destruction of f constitutional government in distress may, and may not, entail the
destruction
every caase. Yet it is certain to put a strain upon "45 of the constitutional government. It depends
it and it usually suspends it in some degree."
upon the sagacity and wisdom of the men in
of
Alliedwith this is the second
factor
power that by extending the area of their
constitutional discretionary authority they may save the
emergency. The susspension ofifthethere are the
government is justified
45. ibid., p. 138.
228 Comparative Politlcs
note of that
must be taken
social and The new trend attribute of
country from the challenge of nation-state with the
concept of process of
economic disintegration, or they may push it to the steadily in the
sOvereignty hasbeen Nationalism is
consequences, Wheare many years.
the most disastrous erosion for the last trans.
conditions of national supreseded by
rightly suggests that imperceptibly
may be seen
distress "lead to being example of which
emergency or sOcio-economic nationalism the European
limitations upon of the
the suspension of the ordinary in the
successful working
this trans-nationa!
government in order to permit
swift and m e m b e r - s t a t e s of
Union. The necessary
adjustment.
etfective action. Crisis or emergency government organisation have made
political
institutione
can seldom be constitutionalgovernment: peace harmonise their
so as to constitutionalset up of the European
allies of
and prosperity are in truth strong with the Parliament is no
longer
constitutional government. Their prospects are Union. The British
its prospects," sovereign body as taken
by A.V. Dicey in 188s
trans-national
of such a
Latest Perspective A member-state exclusive locusot
organisation is no
longer the
territorialboundaries l.
as to how these power within its own
Apertinent question arises so the powers of the
dealt with. Or, what powers are limited, and
serious problems should be to the individual
should be the outlook for
constitutionalism in
Union are limited in relation
liberalisation member-states. It is specifically
given in the
globalisation,
the present age of every person
and demoeratisation. Maastricht Treaty of 1992 that
member-state shall
The attribute of nationalism occupies
the holding the nationality ofa The case of
modern European Union.
first place in view of the
fact that the be acitizen of the
South-East Asian Nations
constitutional state is necessarily
anationalist the Association of
should
may also be counted in this regard. The
organisation. The constitutionalism organisations
national self operation of such supra-regional
recognise the principle of dimension to the
determination. We may quote
several instances
state
is certainly adding a new
of a constitutional case of constitutionalism.
to show that the edifice strictly
Though constitutionalism does not
forces of nationalism that
was shattered by the responsible
ultimately caused the stand for a representative and liberals, it
raised their heads and
constitutional state. The government as conceived
by the
disintegration of the
Bangladesh may nevertheless attaches prime
significance to a
emergence of the republic of The
the same fact. a totalitarian
be cited as an instance of rule that is opposed to
every government is
Soviet constitution had given the right to government. "If constitutional
nationality to secede from the
Union that had follows that one of its
limited government, it
made the federation analogous
to a
enemies is absolutism of any
kind. Any body ot
confederation. It may be feared that certain organised movement which
of opinion and any is
minorities may take undue advantage
government
case of aims at establishing omnipotent constitutional
claiming autonomy as we find in the Clearly a force
opposed to
province of of the
the French community in the government."n47
provisions
The pertain
toa
Quebec in Canada or of rebel Nagas and Mizos constitution must, for this reason,
in the north eastern region of India. Such the degree ofto
democratic model, though one country
movements may create serious problems for the democratisation may vary from and
government. However, the solution to all such
e c o n o m i c
obtaining social,
difficulties and problems lies in the successful another as per
political conditions.
realisation of the ideal of national integration.
46. ibid.
47. ibid.