Article’s

Economic Inequality as a Constitutional Blind Spot

VIJAY KUMAR

(05 – 2026)

DOI: 10.5281/zenodo.20380047

 

Economic inequality has emerged as a significant global issue, deeply impacting social cohesion, democratic processes, and the safeguarding of fundamental human rights. Despite its critical significance, economic inequality is often neglected in constitutional frameworks, which typically emphasize political and civil rights while overlooking economic justice. This study critically examines economic inequality as an overlooked aspect of constitutional law, investigating the conceptual underpinnings, historical and ideological origins, and institutional barriers that contribute to its marginalization. Through a comparative analysis of different constitutional systems, this study highlights the limitations of formal equality doctrines and the reluctance of courts to tackle these economic disparities. It also explores the challenges and opportunities related to judicial activism and constitutional reforms aimed at integrating substantive economic rights into the Constitution. By identifying the structural reasons for the persistent neglect of economic inequality, such as liberal individualism, separation of powers, and postcolonial legacies, this paper advocates for a shift in constitutional law towards embracing substantive equality and economic justice. The proposed reform pathways emphasize the explicit constitutional recognition of economic rights, enhanced judicial capacity, and participatory democratic mechanisms to ensure inclusive policymaking. Ultimately, this study contends that addressing economic inequality within constitutional discourse is essential for constitutions to function as comprehensive instruments of social justice and democratic legitimacy in modern societies.

 

 

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