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Comparative Analysis Of The Rule Of Law In India And The UK




Pranali P Ganachari, Christ University (Deemed to be University), Pune Lavasa Campus


ABSTRACT


This article explains the growth of the Rule of Law and its role in governance, particularly in developing countries. The Rule of Law by A.V. Dicey has been based on three concepts, which are: supremacy of law, equality before law, and the spirit of law. The administrative law was developed in the UK to check executive power, particularly against bureaucracy. India followed the British, but strengthened its system with a written constitution, fundamental rights, judicial independence, and the power to strike down unconstitutional laws. At the same time, the UK follows parliamentary sovereignty. In India, the constitution is held supreme. Nevertheless, the two systems have a similarity in the belief that nobody is above the law. The Indian model, however, has a better constitutional structure to protect the rights and curtail the powers of the state.


Keywords: Rule of law, supremacy of law, equality before law, judicial review, parliamentary sovereignty, fundamental rights.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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