Open Access Research Article
CONSTITUTIONAL EVOLUTION AND THE DYNAMIC HORIZON OF FUNDAMENTAL RIGHTS: A SOCIO-LEGAL ASSESSMENT OF JUDICIAL ACTIVISM AND THE TRANSFORMATIVE CONSTITUTION BY – SHELLY
Abstract
ABSTRACT
This article explores the
transformative evolution of constitutional jurisprudence, focusing on the
dynamic relationship between constitutional developments and fundamental
rights. By tracing historical lineages from traditional textual originalism to
the contemporary paradigm of a living, transformative text, this paper
highlights the pivotal role of judicial interpretation. It analyzes how modern
judiciaries have expanded traditional civil liberties into socio- economic
enclaves, addressing contemporary challenges such as data privacy,
technological integration, environmental climate justice, and systemic
socio-economic inequalities. Through deep engagement with doctrinal
shifts—including the expansion of due process, the emergence of structural
proportionality tests, and the institutionalization of public interest
litigation—the article demonstrates how fundamental rights operate not merely
as negative restraints on state power, but as positive obligations to foster an
egalitarian social order. Finally, it critically analyzes the constitutional
equilibrium between judicial activism and legislative competence, offering a
blueprint for a resilient rights framework capable of navigating
twenty-first-century disruptions.
Published Paper
Author Details
Authors: SHELLY
Registration ID: 1013092 | Published Paper ID: IJLRA13092
Year: Aug-2026 | Volume: 3 | Issue: 5
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 2084-2092
Article Information
CONSTITUTIONAL EVOLUTION AND THE DYNAMIC HORIZON OF FUNDAMENTAL RIGHTS: A SOCIO-LEGAL ASSESSMENT OF JUDICIAL ACTIVISM AND THE TRANSFORMATIVE CONSTITUTION BY – SHELLY
Authors: SHELLY
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 5
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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