Abstract:

A well-ordered state has constitutionally limited state power, whereas other states manifest arbitrary power. The idea of limited state/constitutionalism proclaims the desirability of the rule of law as opposed to rule by the arbitrary judgement or mere fl at of public offi cials. The essential quality of constitutionalism is that it is a legal limitation on government; it is the antithesis of arbitrary rule. In a political society state government offi cials are not free to do anything they please in any manner they choose. The touchstones of constitutionalism are the consept of limited state power under a higher law and division of power (separation of powers). There is a tradition in the history of political thoughts which describes a constitution in terms of a higher law which is an expression of the will of the people. State is created by the constitution and the constitution endows state with its powers and establishes limitations upon the exercise of those state power. Many conceptions of a higher law and criteria of limitation of state power will be found throughout the history of political thoughts in every ages.

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