Human Rights and Constitutional Studies: A Comprehensive Review

Authors

  • Abhishek Rana M.A., Mahatma Gandhi University, Kerala

Keywords:

Human Rights, Constitutional Studies, Modern Governance, Societal Development, Civilizations, Emerging Technologies, Democracy

Abstract

Human Rights and Constitutional Studies are integral disciplines that underpin the foundations of democratic societies. This comprehensive review explores their historical evolution, key theoretical concepts, contemporary challenges, and intricate interplay. Tracing their roots from ancient civilizations through the Enlightenment era to pivotal moments like the American and French Revolutions, it underscores their enduring significance. Key theoretical concepts are elucidated, encompassing the separation of powers, the rule of law, individual rights, and the adaptability of constitutional amendments. Contemporary challenges come to the fore, including the impact of emerging technologies, the complexities of globalization, the rise of populism and authoritarianism, and the delicate balance between free speech and regulation. The symbiotic relationship between human rights and constitutional studies is scrutinized, focusing on judicial review, international human rights law, and the nexus between constitutionalism and democracy. Case studies from the United States, the European Union, and India provide practical insights into the application of these disciplines. Looking to the future, the study advocates for greater intersectionality and inclusivity, particularly with regards to marginalized communities, as well as heightened attention to environmental rights in the face of climate change. Ultimately, this review underscores the enduring relevance of human rights and constitutional studies in shaping just, equitable, and democratic societies in a rapidly evolving world.

References

Beitz, C. R. (2009). The idea of human rights. Oxford University Press.

Dworkin, R. (2011). Taking rights seriously. Bloomsbury Publishing.

Rawls, J. (1971). A theory of justice. Harvard University Press.

Sunstein, C. R. (2018). The cost-benefit revolution. MIT Press.

Shklar, J. N. (1998). American citizenship: The quest for inclusion. Harvard University Press.

Raz, J. (1984). The Morality of Freedom. Oxford University Press.

Waldron, J. (2008). The dignity of legislation. Cambridge University Press.

Tushnet, M. (2015). Advanced introduction to comparative constitutional law. Edward Elgar Publishing.

Besson, S., & Marti, J. L. (Eds.). (2009). Legal theory and the legal academy. Ashgate Publishing.

Published

2023-10-27

How to Cite

Rana , A. . (2023). Human Rights and Constitutional Studies: A Comprehensive Review. Journal of Advanced Research in Public Policy and Administration, 5(1), 11-14. Retrieved from https://adrjournalshouse.com/index.php/Journal-PublicPolicy-Administrat/article/view/1733