EXISTENCE OF SEPARATION OF POWER AND RULE OF LAW IN DEMOCRACY & REPUBLICAN FORM OF GOVERNMENT IN THE ERA OF TRANSFORMATIVE CONSTITUTIONALISM

Abstract

The concept of constitutionalism calls for the limitation of state powers and powers established by the
Constitution. Constitutionalism is the idea that governments can legally limit their powers and also limit their powers and their powers or justifications are subject to these restrictions. In our discussion of the concept of constitutionalism, we compare Thomas Hobbes and John Locke, that is, the concept of constitutional unrestricted sovereignty with the concept of limited sovereignty with considerable limitations. In this article the author will discuss the various aspects of constitutionalism while making Constitution of India, 1950. The author will also throw light upon the Doctrine of Separation of powers and rule of law in the context of constitutionalism. The author in this article will try to find out the roadways to transformative constitutionalism inter-relating the above three concepts.