4. Doctrine of constitutionalism Constitutionalism is the idea that government power is limited by the constitution. It dictates that government can and should be legally limited in its powers, and that its authority or legitimacy depends on it observing these limitations. In terms of constitutionalism, the government exercises only those powers given to it by the constitution and such authority is exercised in a manner that is prescribed by the constitution. Thus, constitutionalism restricts “what” governments can do and “how” they should go about what they are authorized to do1. Although the relationship between constitutionalism and democracy is not always a simple one, constitutionalism is a necessary mechanism of protecting the ideals of democracy. Greg Linington (2012) rightly points out that it is necessary to limit governmental power as politicians can be immature and emotional and can change the country’s fundamental values to suite their partisan interests. Constitutionalism elevates the constitution to the level of being the supreme law of the country and any other law or conduct inconsistent with that constitution is deemed null and void. Where constitutionalism is observed, everyone is subject to the constitution and for instance, the party with simple majority in parliament or the ruling party of the day cannot easily alter fundamental values of the nation such as the commitment to observing human rights, rule of law, sovereignty or citizenship. Governments come and go but the values of the nation must be able to outlive governments. Constitutionalism protects those values and also requires that those fundamental values be pro-democratic. The Lancaster House constitution of Zimbabwe declares itself as the supreme law of Zimbabwe (section 3) and requires all other laws to be consistent with it or else will be deemed void to the extent of their inconsistency. However, the same constitution entrenches democratically weak values and therefore fails to promote democracy in Zimbabwe. For instance, the Lancaster House constitution’s bill of rights is fundamentally narrow and leaves the enshrined rights vulnerable to wanton limitations. To establish whether and how far the COPAC draft constitution embodies the doctrine of constitutionalism, the same draft is examined against the key elements of constitutionalism which are as follows;  The constitution must declare itself to be the supreme law of the land unto which every other law and conduct must be consistent.  The constitution must entrench the democratic fundamental values of the nation to protect them from malicious amendments by the government of the day.  Respect for fundamental rights  Observance of rule of law  Observance of separation of powers  Judicial independence 1 See Greg Linington (2012) “Reflections on the significance of constitutions and constitutionalism for Zimbabwe”, page 63 in Zimbabwe Mired in Transition, Weaver Press. 19