which is/are included in philosophy of the constitution? individual freedom , social justice, federalism, national identity
Answers
Answer:
Explanation:
Some people believe that a constitution merely
consists of laws and that laws are one thing, values
and morality, quite another. Therefore, we can have
only a legalistic, not a political philosophy approach
to the Constitution. It is true that all laws do not
have a moral content, but many laws are closely
connected to our deeply held values. For example, a
law might prohibit discrimination of persons on
grounds of language or religion. Such a law is
connected to the idea of equality. Such a law exists
because we value equality. Therefore, there is a
connection between laws and moral values.
We must therefore, look upon the constitution as a
document that is based on a certain moral vision. We need
to adopt a political philosophy approach to the
constitution. What do we mean by a political philosophy
approach to the constitution? We have three things in
mind.
± First, we need to understand the conceptual structure
of the constitution. What does this mean? It means
that we must ask questions like what are the possible
meanings of terms used in the constitution such as
‘rights’, ‘citizenship’, ‘minority’ or ‘democracy’?
± Furthermore, we must attempt to work out a coherent
vision of society and polity conditional upon an
interpretation of the key concepts of the constitution.
We must have a better grasp of the set of ideals
embedded in the constitution.
± Our final point is that the Indian Constitution must
be read in conjunction with the Constituent Assembly
Debates in order to refine and raise to a higher
theoretical plane, the justification of values embedded
in the Constitution. A philosophical treatment of a
value is incomplete if a detailed justification for it is
not provided. When the framers of the Constitution