International Journal of Education, Vocational and Social Science
Vol. 5 No. 01 (2026): International Journal of Education, Vocational and Social Science( IJVESS)

Modern Constitutionalism as the Foundation of the Rule of Law: A Theoretical Review

Putri, Cory Kartika (Unknown)
Wachid Maulana (Unknown)
Ahmad Nuradi (Unknown)
Andi Adri Agus (Unknown)
Hardjito S. Darmojo (Unknown)



Article Info

Publish Date
08 Dec 2025

Abstract

Modern constitutionalism has evolved as a fundamental concept in contemporary state governance that emphasizes the need to limit governmental power through constitutional mechanisms. This study conducts a Systematic Literature Review (SLR) using PRISMA 2020 guidelines to analyze the development, foundational pillars, and implementation challenges of modern constitutionalism as the basis of the rule of law. Fourteen relevant articles published between 2010 and 2025 were selected through a systematic database search and eligibility screening. The findings show that modern constitutionalism consists of core elements such as the rule of law, separation of powers, human rights protection, and restorative constitutionalism, which together reinforce state legitimacy and accountability. Its implementation varies across jurisdictions depending on legal systems, institutional capacity, and technological advancements. Contemporary challenges including populism, globalization, and algorithmic governance highlight the urgency for adaptive and innovative constitutional strategies. This study concludes that modern constitutionalism is not only a normative framework but also a practical foundation for maintaining an effective and sustainable rule of law state. Keywords: modern constitutionalism, rule of law, separation of powers, restorative constitutionalism, democracy.

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Journal Info

Abbrev

IJEVSS

Publisher

Subject

Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Social Sciences Other

Description

International Journal of Education Vocational and Social Science(IJEVSS ) is  a peer-reviewed journal which welcomes submissions involving a critical discussion of policy and practice, as well as contributions to conceptual and theoretical developments in the field. It includes articles based on ...