ESTIMATING THE RULE OF LAW: A COMPARISON OF THE UNITED KINGDOM, CHINA AND INDIA

Abstract

“When the Rule of Law disappears, we are ruled by the whims of men”

• Anonymous

The ‘Rule of Law’ is one such term, which finds place in almost all the Constitutions of the world. This term has always been there in all systems of governance and it keeps reviving according to the needs of the society. The rule of law is extremely important to the progress of countries and it is for this reason, this term never goes out of style. As the scale of human existence has widened its horizon, the study of comparative law has become even more important. Rule of law is one of the important elements of the Public law and for this reason, this article attempts to compare the present modern ideas of the rule of law along with summarizing the origins and constitutional foundations of this concept in the Constitutions of United Kingdom, China and India. 

This article begins by discussing the evolution and philosophical foundation of the concept. The article then throws light on how China still has a long way to go until it reaches the rule of law unlike the United Kingdom, where the rule of law is an established concept, which plays a major role in strengthening the relationship between the government and the people. This article will then discuss as to how, in India, democracy and the rule of law are inextricably connected with each other by throwing light on the role of the judicial control of actions of the government in maintaining the rule of law. The article aims to compare and analyze the existing scenario and the presence of rule of law in these countries and concludes by reflecting that the observance of rules by all institutions of the democracy is key to the maintenance of Rule of law and the same needs to be revived in the society again.