Article summary
Abstract
This paper examines the evolving meaning, scope, and enforcement of fundamental
rights through the lens of Article 12 and comparative constitutional jurisprudence. It
explores the historical, normative, and judicial foundations of fundamental rights,
emphasizing their relationship with human dignity, liberty, equality, privacy,
institutional accountability, and democratic governance. The study considers how courts
have expanded constitutional protections by interpreting rights beyond rigid textual
formulations and by responding to changing social, political, and technological
conditions. It also analyses limitations on fundamental rights, balancing mechanisms,
constitutional pluralism, and the interaction between national, regional, and
international legal frameworks. Comparative references to Hungary, Kenya, South
Africa, Luxembourg, Estonia, European institutions, and other jurisdictions illustrate
the diversity of constitutional approaches to rights protection. Particular attention is
given to emerging concerns in the digital age, including privacy, personal data,
algorithmic decision-making, access to information, and participation in public life. The
paper further discusses methodological challenges in defining, measuring, and
protecting fundamental rights and proposes stronger institutional and policy
safeguards. It concludes that fundamental rights must remain dynamic, adaptable,
and capable of responding to globalization, technological transformation, and evolving
democratic expectations while preserving constitutional legitimacy and individual
autonomy across increasingly interconnected, pluralistic, rights-conscious constitutional
systems and societies worldwide.