Rule Of Law: A Comparative Study Between The USA And India

Anukriti Tripathi, National Forensic Sciences University

ABSTRACT

The rule of law is something more than a legal principle, it is a human right. It acts as a cornerstone of a just and fair society wherein everyone is treated in an equitable manner. Doctrine of rule of law protects people from discrimination, abuse, unfair treatment. It guarantees right to fair trial by following the through procedure of principles of natural justice, right to life, liberty.

Since no society is perfect, America too has also seen violation of rule of law. And there are major challenges in the application of doctrine.

One of the challenges is mass incarceration. The USA tops the list of highest incarceration in the world, currently having 2 million people in prison. This affects minority communities and they are the ones who are highly exposed to being arrested, prosecuted and getting convicted of crimes. The other issue is racial profiling which is the practice of law enforcement agencies to target people based on their ethnicity. This forms a part of hate crime too against a specific community.

Along with these major issues rule of law still remains as one of the rule of law remains a centripetal force in American democracy. This research article delves into the history and evolution of the doctrine of rule of law. It also brings in light what issues are there in implementation of the doctrine the methods to better enforce it.

Keywords: rule of law, minority community, racial profiling, mass incarceration, American democracy