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Parliamnetary And Presidential Government: A Study Of U.K., U.S., And India




Simran Nayak, Institute of Law, Nirma University


1. INTRODUCTION:


The Legislature is one of the most important organs of any democracy, as it reflects the will of the people. It is the organ where policies are discussed, laws are drafted, and the government is held responsible. However, legislatures differ across different regions. History, political philosophy, and constitutional decisions are all reflected in their design. Three different paths have been shown by US, India, and the UK. Many refer to the British parliament as the “mother of parliaments”. Parliament is sovereign as A.V. Dicey mentioned; it has the power to enact and repeal laws, and no court can do so. Additionally, Montesquieu’s principle of separation of power influenced the creation of the U.S. Congress. It operates under a rigid written constitution that gives judges the power to invalidate laws that violates it.


Granville Austin explains that the Indian Parliament is a hybrid that uses Westminster customs from the United Kingdom but still restricted by federalism, judicial review, and a written constitution. M.P. Jain continues to highlight that, as compared to the United Kingdom, the Indian parliament is not sovereign and is required to operate within the boundaries of the constitution. By comparing the composition, functions, and powers of these three legislatures allows us to observe that how democracies vary, how they maintain a balance between representation, accountability, and law-making.


2. HISTORICAL DEVELOPMENT OF LEGISLATURES


2.1. United Kingdom:


The parliament of the United Kingdom evolved gradually over the centuries. Magna Carta (1215) compelled King John to acknowledge that he could not levy taxes without his barons’ approval. This marked a turning point in the development of the belief that popular consent was necessary for government power.



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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