Theme of the Month
The Constitutional Law Society of TNNLU’s current theme for submissions is “Rights Across Borders: Comparative Analysis of Fundamental Rights in India and the United States” allows scholars, students and professionals to examine legal frameworks, interpretations, and societal implications of fundamental rights in two prominent and vibrant democracies, India and the United States.
In a world marked by diversity and dynamic legal systems, the study of comparative judicial perspectives on fundamental rights holds great significance. Indian predilections for structuralism and functionalism can enlighten U.S. constitutional jurisprudence, uncovering systemic dynamics in fundamental rights. Simultaneously, U.S. leanings toward originalism and textualism offers Indian legal landscape insights into new methodologies in understanding framers’ intent and clarifying boundaries of fundamental rights. This exchange highlights the universality of constitutional theories amidst unique legal and cultural landscapes.
Sub Themes
Constitutional Foundations: A comparative analysis of the historical context, drafting process, and foundational principles that underpin the fundamental rights provisions in the Indian and U.S. constitutions.
Judicial Activism vs. Restraint: Examining the balance between judicial activism and judicial restraint in shaping the interpretation and application of fundamental rights by courts in India and the United States.
Freedom of Expression: Analysing the divergent judicial approaches towards freedom of expression in cases related to political speech, artistic expression, and online platforms.
Right to Privacy: Exploring the evolving jurisprudence around the right to privacy in both countries, considering recent landmark judgments and their implications on personal data protection and surveillance.
Equality and Non-Discrimination: A study of how courts in India and the U.S. address issues related to equality, affirmative action, and discrimination, particularly with regards to race, gender, and sexual orientation.
Religious Freedom: Comparing the legal standards for religious freedom, examining cases involving the separation of religion and state, religious attire, and minority rights.
Social and Economic Rights: Exploring the recognition and enforcement of social and economic rights, such as the right to education, healthcare, and housing, in the context of differing economic realities.
Capital Punishment and Human Rights: Analysing the standpoints of Indian and U.S. courts on capital punishment, assessing whether it aligns with evolving human rights norms.
Constitutional Amendments: Analysing the processes and implications of amending constitutional provisions related to fundamental rights, and the extent to which such amendments have altered the rights landscape.
Submission Guidelines
General Submission Guidelines
-
All submissions must be in English. Submissions should be the original work of the contributor(s).
-
Any form of plagiarism will result in rejection. Maximum of two Co-Authors are allowed
-
Authors must hyperlink wherever possible and must footnote the source only where strictly necessary. The citation must be done in ILI style of citation.
-
Font: Times New Roman; Font Size: 12; Line Spacing: 1.5 and Alignment — Justified.
Here is the link for submission of manuscript:
https://docs.google.com/forms/d/e/1FAIpQLScQspAYy1uK5D9B5w98kZnYudSX7wq5JEzL9D0S467CiVEmBQ/viewform
If you have substantive questions, clarifications or proposals for consideration, please contact our editors at clsblog@tnnlu.ac.in
To know more click on CLS Call for Blogs Brochure
