Constitutionalism: An Indian Comparative Approach Towards International Countries
- IJLLR Journal
- Nov 1
- 1 min read
Shreshtha & Dr. Dev Parbhakar
ABSTRACT
Constitutionalism is not just a written or unwritten constitution: It is a policy of living by rules. Once government force is used, however, that comes from and is limited by a higher order of law. Its followers respect the rule of law, separation of powers, individual and civil rights. This article provides a comparative and theoretical overall view of constitutionalism, dissecting its roots in tradition and in the Middle Ages, through Enlightenment ideas down to present times from postcolonial constitutions and transformational constitutions. It pays particular attention to Indian constitutional jurisprudence that shows how the Preamble, Fundamental Rights, Directive Principles of State Policy, juristic conceptions and institutional devices are implemented. Comparisons with the United States, Britain and South Africa put Indian constitutional methodology in global perspective. Finally, the paper considers new threats to constitutionalism in the digital age where law, governance and social change interact.
Keywords: Constitutionalism; Rule of Law; Separation of Powers; Judicial Review; Human Rights; Indian Constitution; Comparative Constitutional Law; Transformational Constitutionalism
