Rule Of Law And Constitutionalism: A Comparative Study Of India And Australia
- IJLLR Journal
- 8 hours ago
- 2 min read
Ashwathi Singh, LL.M., CMR University School of Legal Studies, Bengaluru, Karnataka
ABSTRACT
The Rule of Law and Constitutionalism remain essential components for democracy, ensuring that power is exercised under the law and within the boundaries of fundamental rights. This paper attempts a comparative study on the processing of these principles in the constitutions of India and Australia: two democracies which adopt a common law system, but unlike each other, have different socio-political and historical contexts. Both countries emphasize constitutional supremacy and separation of powers; however, there is divergence in their methods regarding interpretation of the constitution, judicial activism, and the safeguarding of fundamental rights. The Indian case is one where the Constitution of India provides richly and guarantees robust Rule of Law alongside an extrinsic doctrine of constitutional interpretation on the part of the judiciary, which has crafted principles like the basic structure doctrine and public interest litigation. On the other hand, Australia, whose constitutional conventions are largely unwritten and whose system is parliamentary, has taken a more reserved approach to judicial interference, with constitutionalism largely apparent through federalism and implied rights doctrine.
This study covers important aspects such as supreme power of the constitution, independence of the judiciary, restraint of the legislature, and accountability of the executives. It also analyses the reactions from both countries to current day challenges such as populism, executive excess, and restriction of civil rights. Using this comparative focus, the paper demonstrates the adaptability and tenacity of the Rule of Law in different constitutional settings, underscoring lessons for the safeguarding of democratic ideals. In the end, the paper contends that irrespective of the differing institutional configurations, there is always an adherence to constitutionalism in India and Australia. This comparative study offers valuable contributions to the debates concerning the world’s governance through constitutions and the developing legal democracies.
Keywords: Rule of Law, Constitutionalism, India, Australia, Judicial Review, Democracy, Governance.
