Constitutionalism And Constitutional Morality as a Check on Criminalisation

Abstract

Constitutionalism means allegiance to the spirit of the constitution. It aims to put an end to the arbitrary exercise of power by the government by affirming that a government’s authority is bound by constitutional principles. Constitutional Morality is an expansive term and it entails remaining true to the fundamental principles of the constitution. It’s of paramount importance in today’s world to nip in the bud the shades of authoritarianism in the workings of the democratically elected governments in their attempt to crush dissenting voices. Over criminalisation is a potentially lethal weapon. But the moot point is whether uncanalised criminalisation can be controlled by strictly conforming to the core values of the Constitution? What is the scope of constitutional morality in the realm of criminalisation? Should constitutional morality always trump public morality? Whether public morality is a baggage from the past and it has no place in the modern world? The author aims to examine all these issues in this paper and to provide his own conclusion on this issue.