Anuj Wankhade (Department of Law, Vishwakarma University) has posted A Critical Analysis of the Rule of Law and Forms of Government in India, USA, And UK on SSRN. Here is the abstract:
The principles of the rule of law and the structure of the government in three great democracies like India, USA and UK vary vastly. Thus, this paper aims to analyse their legal foundations critically, as these countries incorporate the rule of law as the sustenance of democracy, protection of fundamental rights, and provision for social justice. The Constitution of India is unique in its combination of inherited British parliamentary forms with newly invented social justice-oriented provisions appropriate to the diverse, postcolonial environment. It describes a parliamentary government oriented toward ambitious social reform by which Directive Principles of State Policy reduce inequalities in society and are made to sit alongside fully justiciable Fundamental Rights. The Indian rule of law is based on “procedure established by law,” and shaped both by the construction of statutes and by political bargaining during the drafting stage of the constitution. This has come to shape Indian constitutional jurisprudence as a constant tension between individual liberty and state power. While the United States practices the presidential system, rooted in the principle of separation of powers, founded on a strict and codified Constitution that enshrines judicial review as a mechanism of guardian control for constitutional supremacy. This is where and how the rule of law distinctly limits legislative and executive authority under an entrenched Bill of Rights, with the courts coming in protection of liberties. The United Kingdom comes up with a rather unique model, essentially based on an unwritten constitution made up of statutes, conventions, and judicial decisions, where parliamentary sovereignty is placed. It mandates the rule of law through parliamentary supremacy, meanwhile common law traditions plus human rights laws resulting in a flexible yet ancient by history framework that allows government power with individual freedom. It shows how, though all those bodies observed the rule of law, its application can be so diverse due to historical, cultural, and structural reasons. India fuses social revolution with national unity by merging idealism with pragmatism in governance through diversity. The United States places more weight on strong constitutional guarantees and judicial review; the United Kingdom depends on parliamentary sovereignty and flexible legal norms. It is from here that a study like this one would bring out how such differences play into the actual constitutional structures and, therefore determine to what extent democracy has resilience in different political contexts and the protection of rights.