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Introduction: The Evolving Landscape of Comparative Constitutional Law
Constitutional law is no longer confined to the territorial borders of a single nation. Across jurisdictions, superior courts, scholars, and policymakers regularly examine foreign jurisprudence to interpret fundamental rights, delineate executive boundaries, and re-evaluate procedural guarantees. Whether navigating privacy in an algorithmic era or balancing state authority with individual liberty, comparative analysis has evolved from an academic curiosity into an indispensable tool for statutory drafting and judicial review.
In this context, the Journal of Comparative Constitutional Jurisprudence (JCCJ) invites original, unpublished manuscripts for its upcoming flagship issue, Volume II (2025). This peer-reviewed publication provides a platform for academicians, judges, legal practitioners, and doctoral researchers to analyze critical constitutional developments across global and regional legal systems, with a particular emphasis on the Global South and contemporary Indian jurisprudence.
Broad Themes for Volume II (2025)
JCCJ welcomes doctrinal, empirical, and theoretical scholarship. Submissions that contrast Indian constitutional standards with international and regional frameworks (such as the Supreme Court of the United States, the European Court of Human Rights, the Constitutional Court of South Africa, and Commonwealth apex courts) are strongly encouraged.
1. Constitutional Criminal Procedure and the New Penal Codes
India’s criminal justice system recently underwent a structural transition with the enactment of the Bharatiya Nyaya Sanhita (BNS), 2023, the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and the Bharatiya Sakshya Adhiniyam (BSA), 2023. These statutory overhauls raise profound constitutional inquiries:
- Procedural Due Process vs. Crime Control: Analyzing detention timelines, police custody provisions under Section 187 of the BNSS, and their alignment with Article 21 and Article 22 of the Constitution of India, compared against procedural safeguards in jurisdictions such as the United Kingdom and the United States.
- Digital Evidence and Fair Trial: Examining the constitutional implications of electronic evidence admissibility under the BSA, 2023, evaluated through the lens of search, seizure, self-incrimination (Article 20(3)), and modern digital privacy standards.
- Bail Jurisprudence: Comparative standards for personal liberty, pre-trial incarceration, and constitutional bail doctrines across common-law nations.
2. Digital Constitutionalism and Data Sovereignty
As digital technologies integrate with governance, courts worldwide must define the limits of surveillance and algorithmic decision-making. Topics of interest include:
- Re-evaluating the proportionality standard laid down in K.S. Puttaswamy v. Union of India alongside foreign frameworks such as the EU General Data Protection Regulation (GDPR).
- State surveillance, encryption, and the statutory architecture of the Digital Personal Data Protection Act (DPDPA), 2023.
- The constitutional limits of automated governance, artificial intelligence in the judiciary, and right to an explanation.
3. Federalism, Decentralisation, and Emergency Powers
- The friction between union and state powers in multi-tiered governance structures.
- Financial federalism, executive orders, and the role of constitutional governors.
- Comparative approaches to asymmetric federalism and sub-national constitutional identity.
4. Transformative Constitutionalism and Socio-Economic Rights
- The role of positive obligations on the state in securing health, housing, and clean environment.
- Horizontal application of fundamental rights against private corporate entities.
- Comparative assessments of minority rights, affirmative action, and intersectional equality.
Submission Categories
JCCJ accepts contributions under the following classifications:
- Long Articles (6,000 to 10,000 words): Comprehensive, deeply researched doctrinal analyses that explore foundational or emerging constitutional debates with cross-jurisdictional comparisons.
- Short Essays & Special Articles (3,500 to 5,500 words): Focused evaluations of targeted legal doctrines, constitutional amendments, or systemic institutional trends.
- Case Comments (2,500 to 4,000 words): Critical evaluations of recent landmark rulings from constitutional courts worldwide, highlighting their global relevance.
- Book Reviews (1,500 to 2,500 words): In-depth critical reviews of recently published treatises or monographs dedicated to comparative constitutional theory.
Note: Word counts are inclusive of footnotes.
Submission Guidelines and Formatting Standards
To preserve academic rigor, submissions must adhere strictly to the following editorial standards:
- Originality: All manuscripts must represent the author's original work. Plagiarism exceeding standard institutional limits (10-15% excluding citations) will result in immediate disqualification.
- Formatting:
- Document type: Microsoft Word (.doc / .docx).
- Font: Times New Roman, Size 12, 1.5 line spacing, with 1-inch margins on all sides.
- Footnotes: Times New Roman, Size 10, single line spacing.
- Citation Style: Authors must adopt a standard citation manual uniformly throughout the paper, such as the Bluebook (20th or 21st Edition) or the Standard Indian Legal Citation (SILC). Speaking footnotes should be kept to a minimum.
- Anonymity and Review Process: JCCJ adheres to a double-blind peer-review policy. The main manuscript must not contain the author’s name, institutional affiliation, or any identifying marks. An accompanying cover letter containing these details must be submitted separately.
- Co-Authorship: Co-authorship is permitted up to a maximum of two authors across all categories.
Important Dates and Deadlines
- Call for Papers Announcement: February 2025
- Last Date for Full Paper Submission: May 31, 2025
- Intimation of Editorial Review / Peer-Review Outcome: Within 6–8 weeks of receipt
- Submission of Revised Drafts: July 15, 2025
- Tentative Publication Date: Autumn 2025 (Volume II)
Submissions should be sent via the designated JCCJ editorial portal or emailed in accordance with the official journal submission guidelines.
Frequently Asked Questions (FAQs)
1. Are co-authored submissions between practitioners and academicians accepted?
Yes. JCCJ encourages interdisciplinary collaboration, including joint submissions by litigation counsel, academic researchers, and judicial clerks, provided the paper meets theoretical depth and rigorous citation standards.
2. Can the paper focus entirely on domestic Indian law without foreign references?
While India-specific research is welcome, JCCJ's primary mandate is comparative jurisprudence. Manuscripts should ideally situate domestic legal questions—such as the constitutional validity of provisions under the BNSS or BNS—within a broader regional, international, or cross-jurisdictional framework.
3. Are processing or publication fees charged for JCCJ Volume II?
No. In keeping with ethical academic publishing standards, the Journal of Comparative Constitutional Jurisprudence does not charge any submission, processing, or publication fees.
4. What is the typical turnaround time for peer review?
Authors will receive initial desk-review feedback within two weeks. Manuscripts that pass desk review proceed to double-blind peer review, with final decisions communicated within six to eight weeks of the submission deadline.
Connecting Constitutional Theory with Legal Practice
At APS Law, we recognize that constitutional principles are not mere theoretical constructs—they govern the everyday reality of criminal investigations, corporate compliance, regulatory defense, and fundamental human rights litigation in India’s courts.
Whether challenging arbitrary state action, testing statutory procedures under the newly implemented criminal laws before the High Court of Bombay, or seeking advisory counsel on complex statutory questions in Mumbai, Thane, and Mira Road, our team combines doctrinal clarity with courtroom advocacy.
To discuss constitutional matters, civil liberties advocacy, or regulatory compliance, request a consultation with APS Law today.
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APS Law appears before the Bombay High Court, Sessions Courts at Mumbai and Thane, tribunals and magistrate courts across the Mumbai Metropolitan Region. Share your papers on WhatsApp and we will revert with the next legal step.
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