Focus and Scope
About the Journal
Journal of Constitutional Law and Jurisprudence [2583-388X(e)] is a peer-reviewed hybrid open-access journal launched in 2018 that deals with Constitutional law, which is paramount law of the land, and Jurisprudence, which is the theoretical study of laws and principles. The basis of Constitutional Law is its philosophy, called ‘Constitutional Jurisprudence’ Constitutional Law determines the fundamental rights of citizens and the obligations of ‘the State’. While discharging the functions under the Constitution, the State is expected to ensure the protection of its provisions and philosophy. In the present context, many issues are being emerged along with pre-existing Constitutional issues. Academia is morally responsible and responsive to synthesizing these issues.
Focus and Scope
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The Constitutional Jurisprudence-Concept, influence, and significance: Legal reasoning and analogy, Legal systems, Legal institutions, Proper application and role of law in society, Natural law, Civil law, Law of nations, Analytic jurisprudence, Experimental jurisprudence, Analytic jurisprudence are taking a neutral point of view and using descriptive language when referring to various aspects of legal systems and Sociological jurisprudence.
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The Fundamental Rights issues: Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth, Equality of opportunity in matters of public employment, Protection of freedom of Speech and expression; Association; Assembly, Movement, Residence, Profession, Protection of the culture, language & script of minorities, Basic structure doctrine, Validity of Article 31B, Amendment to Article 31C, Amendment to Article 31C and Right to education
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The Constitutional significance, application, and implementation of the Directive Principles of State Policy: Social justice, Economic welfare, Foreign policy, Legal & Economic & Socialistic, Political & Administrative, Environmental, Protection of Monuments, Peace & Security, Non-justiciable rights of the people, Non-justiciable rights are the Directive Principles of State Policy, Liberal-Intellectual Principles, Purpose of a Constitution is it draws a limit on the power of the Government by outlining a framework within which the Government must function, Specifies the person having the power to decide the forming government, Making laws, Enforcing these laws and adjudicating on disputes arising in the process of enforcing these laws, Relationship between the three organs of governance and Limits the powers of the government.
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The contemporary ‘Social Justice’, ‘Gender Justice’ and ‘Minority Interests’ issues: Racism, equity, education, healthcare, immigration, and LGBTQ+ rights, Social justice is the belief that all human beings have innate value, Refugee Crisis & Immigration, Climate Change, Racial Injustice, Girls exposed to Child Abuse, Gun Violence, Body Autonomy, Child marriage, Teenage pregnancy, Child domestic work, Poor education & health, Sexual abuse, Exploitation, Problem of Identity, Problem of Security, Problem Relating to Equity, Minorities face serious threats, discrimination, and racism.
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The impact of new social, economic, and political mandates on the role of ‘the State’ as a Welfare State: A welfare state is a form of government that protects and promotes the economic and social well-being of its citizens, based upon the principles of equal opportunity, Equitable distribution of wealth, Public responsibility for citizens, Private-public partnerships, Public pensions, Social insurance, and Freedom & rights.
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Legislature in a neo-political trend and Constitutional mandate: Authority to make laws for a political entity, Executive & judicial powers of government, Legislators, Democratic legislatures have six major functions: representation, deliberation, legislation, authorizing expenditure, making governments & oversight, Discuss and debate issues of major importance to society, Quorum, Electoral district, Unicameral, Bicameral, Free-market capitalism, Conservative, Libertarian, Order to protect national unity & integrity.
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Constitutional Democracy versus religious politics: Antithesis of arbitrary rule, Popular Sovereignty, Majority rule, Minority Rights, Limited Government, Institutional & Procedural Limitations on Powers, Checks & Balances, Due process of law, Leadership Succession through Elections, Basic rights, Freedom of Conscience & Expression, Privacy & Civil Society, Justice, Equality, Openness, Unitary, Federal and Confederate Systems, Traits of Civic Character and topics related to the effects of religion on politics.
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Judiciary under the Constitution-its independence, activism, and Reservation in Judiciary: the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private.
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Confrontation in Legislature, Executive, and Judiciary-Constitutional perspectives: Law made by the Parliament transgresses the limitations imposed by the Constitution then the judiciary can strike down such a law as unconstitutional, the legislature makes laws, the executive enforces them and the judiciary applies them to the specific cases arising out of the breach of law.
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Local Self Government-Constitutional status and its role in attaining Constitutional goals: school and preschool education, primary healthcare (outpatient clinics, rural health posts), cultural institutions, amenities – street lighting, roads, cleaning, public order, and many other important day-to-day issues.
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Federalism and Constitutional Issues: Governmental power, Division, and sharing of power between the national and state governments, Mixed or compound mode of government, Fiscal federalism, Executive federalism.