Constitutionalism and the Protection of Fundamental Rights in Modern Democracies

Abstract

Constitutionalism provides a framework for limiting public power, organizing state institutions, and protecting fundamental rights. Modern constitutional systems vary in structure, but recurring concerns include separation of powers, judicial review, equality, due process, freedom of expression, and the relationship between constitutional text and changing social conditions. This paper examines the principal legal principles, scholarly debates, institutional mechanisms, practical implications and emerging challenges associated with the topic. It adopts an analytical and comparative perspective and emphasizes legal certainty, accountability, procedural fairness and effective remedies.