EVOLUTION OF CONSTITUTIONALISM: GLOBAL AND INDIAN PERSPECTIVES

Abstract

This study delves into the multifaceted evolution of constitutionalism, examining its global trajectory and specific manifestations within the Indian context. Constitutionalism, as a doctrine and practice, embodies the principles of limited government, the rule of law, and the protection of individual rights, evolving dynamically in response to socio-political transformations and philosophical shifts. By analyzing historical developments, theoretical underpinnings, and comparative case studies, this paper elucidates the complex interplay between global constitutional norms and indigenous interpretations, particularly focusing on the adaptation and innovation of constitutional principles in India. The research explores the emergence of constitutionalism in different legal traditions, noting the increasing convergence of these traditions in the 20th century due to internationalization and trans-nationalization of the rule of law. Moreover, the study investigates the challenges and opportunities faced by constitutionalism in the face of contemporary issues such as globalization, religious nationalism, and technological advancements, thereby contributing to a deeper understanding of the past, present, and future of constitutionalism worldwide.