Comparative Constitutionalism And The Rule Of Law: India And The UK Perspective
- IJLLR Journal
- Nov 12, 2025
- 1 min read
Shobha, LL.M., University Institute of Legal Studies, Chandigarh University
ABSTRACT
The fundamental principles that subordinate democratic governance, legitimacy, and restraining state power are constitutionalism and the Rule of Law. The study will be conducting a comparative constitutional examination of India and the United Kingdom, the purpose of which is to explore the conceptualisation, institutionalisation, and perpetuation of these doctrines in the constitutional provisions of both jurisdictions. Using a comparative and doctrinal approach to law, the research critically examines the constitutional clauses, judicial decisions and literature materials to clarify the historical development and current practice of these principles. In the Indian setting, constitutionalism is inculcated in a written and a supreme Constitution that entraps the separation of powers, judicial review and the safeguarding of fundamental rights. In comparison the constitutional order of the United Kingdom, and in being unwritten and largely based on conventions, parliamentary sovereignty and the common law, demonstrates a more imprecise but equally principled observance of the Rule of Law. The paper highlights the critical role played by the judiciary in both systems through the comparative perspective as the ultimate guarantor of constitutional morality and legality. Regardless of the structural differences, there is a convergent interest between the two countries in accountability, justice and the rule of law over arbitrary authority. The study finally concludes by indicating the relevancy that continues to exist in comparative constitutionalism in strengthening democratic resilience and good governance.
Keywords: Rule of Law, Parliamentary Sovereignty, Constitutionalism, Constitutional Supremacy, Separation of Powers, Legal Accountability.
