Legal Continuities and Intersections: A Critical Examination of Legal Processes and Judicial Review in the United Kingdom and India

  • Anwita Agarwal
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  • Anwita Agarwal

    Grade 12 student at Amity International School, Saket, India

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Abstract

The rule of law is a fundamental principle of constitutionalism and a quality of democracy and sound government. It is considered the "lingua franca" of international moral philosophy and the pinnacle of human civilization and culture, it ties the legal systems of India and the United Kingdom. The legal systems of the United Kingdom and India are critically analyzed in this research study, with an emphasis on the basic similarities and contrasts that have been shaped by their respective historical backgrounds and constitutional frameworks. Though they have the same colonial past, the two countries have different views on constitutionalism, government, and the rule of law. The nature of both constitutions is examined, comparing the UK's unwritten constitution—which is made up of laws, customs, and legal precedents—with India's extensive written constitution. It explores the complexities of citizenship, noting that dual citizenship is illegal in India yet legal in the UK. The study delves deeper into how India's federal system differs from the UK's unitary one in terms of how power is distributed and governance is carried out. Key themes include the functions of the parliamentary systems contrasting India's constitutional supremacy with the UK's clear parliamentary sovereignty. The study looks at basic rights as well, pointing out the broad protections included in the Indian Constitution as well as the UK's Human Rights Act of 1998. It also talks about the judiciary, with particular emphasis on India's integrated judicial system and its ability to uphold constitutional supremacy through judicial review, in contrast to the UK's many legal systems and lack of comparable authority. The last section of the article looks at the common values of judicial independence and the rule of law, even if there are different procedures for dismissing judges. The research demonstrates the dynamic character of the legal systems in both nations through this comparative analysis, providing insights into how modern changes shape their historical continuities and their different legal environments. By comparing the two nations' legal systems, the research sheds light on how they are changing and provides insights into how historical continuity and modern changes have shaped each nation's legal environments as well as keeping in mind the up-and-coming legal education in both countries.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 5, Page 122 - 132

DOI: https://doij.org/10.10000/IJLSI.112193

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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