CONSTITUTIONAL GOVERNANCE

Abstract

The core element of constitutional government is, of course, the existence of a "Rule-of Law" or set of “basic laws” that binds both public office-holders and all members of a society (i.e. citizens) within a given territory. Presently most states avail of a constitution, which directs the organization of the state, the relations between the public offices within the state, as well the human and civil rights of the individual. Constitutional governments, however, do not perform in the same manner everywhere. In this contribution, the following aspects are discussed comparatively: (a) The relationship between constitutional features and the existing state format; (b) The key institutions which define the type of government and the relationship between the executive and legislative; (c) The existing systems of "checks and balances" between governments, assemblies and Heads of State, as well as the role of the judiciary; (d) The actual performance of constitutional governance in terms of human and civil rights. Of course, these relations and practices of governance have been developing over time. It is also obvious that there is a strong tendency toward "liberal democracy" (in particular after 1991 when the USSR collapsed as a political system). It is equally clear that the state format, i.e. federal versus unitary states; decentralized versus centralized government, as well as the type of governance, varies considerably across the world of constitutional government.

In this research paper first of all the researcher tries to define Constitution, Governance, Good Governance, elements of Good Governance in depth, then rule of law, Role of judiciary in good Governance,, rule of law and independence of judiciary,. The article also attempts to analyze the concept of constitutional governance, Judicial Governance. Judicial Activism’s role in constitutional governance.