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NCERTExplained - the philosophy of the constitution

THE PHILOSOPHY OF THE CONSTITUTION

WHAT IS MEANT BY PHILOSOPHY OF THE CONSTITUTION?

The philosophy of a Constitution is not just a dry enumeration of laws and rules; it embodies a set of values, principles, and visions for a society. This philosophy serves as a guiding light for the operation and interpretation of the Constitution. It serves as a moral and ideological backbone that directs how laws should be framed, interpreted, and applied.

Three Key Points In A Political Philosophy Approach To The Constitution

1.Understanding The Conceptual Structure

To appreciate the philosophy of the Constitution, one needs to understand its conceptual underpinnings. Terms like rights,citizenship,minority, and democracy can have a wide range of meanings. By analysing these key concepts, one can begin to grasp the value system embedded within the Constitution.

2.Coherent Vision Of Society

The Constitution aims to outline a coherent vision for society and governance. This vision is often deeply connected with the key concepts found in the Constitution. Therefore, a political philosophy approach would involve piecing together these individual components into a cohesive whole, allowing for a clearer grasp of the underlying ideals.

3.Constituent Assembly Debates

To understand the moral and philosophical underpinning of the Constitution, one should also refer to the Constituent Assembly Debates. These debates offer insights into the minds of the framers and the philosophical foundations they drew upon. A complete philosophical treatment of any value is only possible if there is a detailed justification for it, and the debates often provide such justifications.

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