The Role Of Constitutional Courts In Protecting Human Rights In The 21st Century: Evolving Standards And Emerging Challenges
- IJLLR Journal
- 6 days ago
- 1 min read
Aparna Kumari, CHRIST (Deemed to Be University), Bengaluru
ABSTRACT
The purpose of this paper is to discuss how the role of constitutional courts in protecting human rights has changed during the 21st century, comparing both India and South Africa. It contends that the constitutional court has transformed from a limited interpretive function to an active institution working towards substantive human rights. In India, the Supreme Court has extended the definition of Article 21 (right to life) by interpreting it in a manner that incorporates the recognition of socio-economic rights such as right to health, education, livelihood, the right to a healthy environment, and the right to dignity, using Public Interest Litigation as the primary tool for doing so. In comparison, the South African Constitutional Court has a constitutional framework that explicitly acknowledges socio-economic rights and applies a reasonableness standard to evaluate executive actions, as in the Grootboom case and Minister of Health v. Treatment Action Campaign. Both judicial models demonstrate the judiciary's potential to promote human rights; however, they are constrained by ongoing issues of enforcement, executive noncompliance, institutional capacity, and fears of judicial overreach. In addition, emerging issues like climate justice, digital privacy, and gender identity will continue to challenge the adaptability of constitutional courts. This paper concludes that the effectiveness of constitutional courts depends not only on the constitutional texts but also on institutional design, enforcement mechanisms, and the court’s ability to balance judicial activism with democratic legitimacy.
Keywords: Constitutional Courts, Human Rights Protection, Judicial Review, Constitutionalism, Socio-Economic Rights
