THE RULE OF LAW AS AN ELEMENT OF CONSTITUTIONALISM

Abstract

The constitutionalism represents a set of ideas, attitudes and manners of conduct, that
explain the principle of limitation of state power with legal means. The term is without
clear definition, used in multiple connotations and so general that invokes argument for
all of its aspects.
Generally, constitutionalism has two meanings. On, one hand, constitutionalism is used
to indicate the need for codification of rules for the state organization. For example, in
the 18 century, a great enthusiasm for the written constitutions emerged. The main and
leading idea of this constitutions was to regulate the organization and function of the
main governmental bodies and control of the relationship between the government and
the citizens. Constitutionalism in the later sense, on the other hand, is constitutionalism
as a political ideal. It refers to a certain view on government power. As Carla. M.
Zoethout emphasizes ,, the constitutionalism expresses the necessity of limiting state
power by means of the law, it is a conviction that no government should have unlimited
power to do whatever it wants, because every government can relapse into arbitrary
rule, unless precautions are being taken”.