• Research/Scholar Paper name – Rule of Law in India, UK and USA- A Comparative Study
  • Author: Ananya Jain
  • Institution: Christ {Deemed to be University}
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 22/07/2021

Abstract:

Rule of law refers to the concept where no individual or person is above the law. India, United States of America and the United Kingdom follow the principles of rule of law. This paper contains a comparative study between the application of rule of law in these three nations. I have taken into consideration the application of rule of law in India, United States and United Kingdom. It also contains the application of rule of law in the governance of the three nations. The principles of rule of law stand against arbitrariness and are embedded in the constitution- written and unwritten. It was originated by Sir Edward coke and was further developed by A.V Dicey. This paper further includes the provisions of rule of law in the Constitution of the nations. I believe that the judiciary of the three nations has played an important role in developing the concept of rule of law. This concept has been constantly upheld by the judiciary. I claim, that it has been crucial in the development of the judiciary and the society of all the three nations, but there is a need of more efficient application of rule of law in the judicial process.  Furthermore, this paper also discusses about the separation of power in the three nations. I consider that regardless, the provisions of separation of powers have been constituted in the framework of administration of these three nations, they are not been followed strictly. Still, flexibility prevails in the application of separation of powers in these nations.  The concept of rule of law is an essential part of a welfare state and hence, shall be applied in every country effectively. The principles of rule of law reflect the demand for an equitable society. They bring with themselves prosperity, execution of human rights and dignified lives for all.

Rule of Law in India, UK and USA- A Comparative Study

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