Comparative Analysis of Constitutional Frameworks, Fundamental Rights, And National Constitutional Identity: A Focus on Selected Jurisdictions

Аннотация

This study offers a comparative analysis of ACCEPTED 24 June 2025 PUBLISHED 01 July 2025 constitutional frameworks, fundamental rights, and the VOLUME Vol.07 Issue 07 2025 evolving concept of national constitutional identity across selected jurisdictions. By examining the CITATION structures, values, and interpretative approaches of Dr. Javier Ortega. (2025). Comparative Analysis of Constitutional constitutions from both common law and civil law Frameworks, Fundamental Rights, And National Constitutional traditions, the research highlights how different Identity: A Focus on Selected Jurisdictions. The American Journal of Political Science Law and Criminology, 7(07), 1–7. Retrieved from countries articulate and safeguard fundamental rights https://theamericanjournals.com/index.php/tajpslc/article/view/6319 within their unique legal and cultural contexts. The COPYRIGHT analysis explores the role of constitutional courts, © 2025 Original content from this work may be used under the terms separation of powers, and amendment procedures in of the creative commons attributes 4.0 License. shaping the national identity embedded in constitutional texts. Special attention is given to doctrines such as basic structure, proportionality, and judicial review, as well as the impact of supranational entities like the European Union on domestic constitutional autonomy. The findings underscore the dynamic interplay between universal human rights norms and nationally rooted constitutional principles, offering insights into how states reconcile global constitutionalism with local democratic legitimacy and historical narratives. Keywords: Constitutional frameworks, fundamental rights, national constitutional identity, comparative constitutional law, judicial review, basic structure doctrine, constitutional courts, separation of powers, The American Journal of Political Science Law and Criminology 01 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology constitutional amendments, legal traditions, global METHODOLOGY constitutionalism. This comparative study employs a qualitative, Introduction: Constitutions serve as the foundational descriptive, and analytical research methodology to legal documents of sovereign states, articulating the examine the constitutional frameworks, fundamental distribution of governmental powers, establishing rights, and constitutional identities of India and Japan. institutional structures, and, crucially, enshrining the The approach primarily involves in-depth textual rights and duties of citizens [4, 5]. The study of analysis of primary legal documents and an extensive constitutional law, particularly through a comparative review of scholarly literature. lens, offers invaluable insights into diverse approaches 2.1. Data Collection: to governance, the protection of individual liberties, and the shaping of national identity [1, 2]. While each The data for this research were systematically collected constitution is a unique product of its nation's historical, from authoritative secondary sources, including: political, and cultural context, examining their • Constitutional Texts and Amendments: The similarities and differences allows for a deeper primary constitutional documents of India and understanding of universal constitutional principles and Japan were meticulously reviewed to identify context-specific adaptations [15]. their structural organization, key provisions Fundamental rights, often termed basic or human rights, related to governance, and the specific articles represent core entitlements deemed essential for enumerating fundamental rights. Any human dignity and flourishing. Their inclusion and scope significant constitutional amendments in both within a constitution reflect a nation's commitment to countries were also examined to understand individual freedoms and social justice [9]. However, the their impact on the evolution of rights and interpretation and enforcement of these rights can vary identity [10]. significantly across jurisdictions, influenced by judicial • Academic Books and Journal Articles: A philosophy, societal norms, and evolving political comprehensive literature search was conducted landscapes [12]. Beyond the explicit text, the concept of to gather scholarly works on comparative "constitutional identity" has emerged as a crucial area of constitutional law, focusing specifically on India inquiry, referring to the unique character or core values and Japan. This included renowned texts on that define a nation's constitutional order and its Indian constitutional law [4] and analyses of the relationship with its people [7, 8]. This identity often Japanese Constitution's historical evolution and shapes how fundamental rights are perceived and how contemporary significance [6, 8, 13]. Articles the constitution itself evolves [13]. providing comparative perspectives on This article aims to provide a comparative analy