Akash Dey, Christ (Deemed to be University)
ABSTRACT
The ‘Rule of law’ is an abstract set of principles that we should not confine to a single definition. Political thinkers and scholars, such as Prof. A.V. Dicey and Sir Tom Bingham, have provided remarkable contributions to define the concept. Still, the space for the Rule of Law in the Constitution has been kept very broad to allow inclusive interpretations. The author of this paper draws a comparative analysis of the rule of law principle, primarily comparing its success rate between two nations, India and Denmark, where Denmark secures the top position in the success rate, and India stands in the 79th position as per the latest World Justice Project report. Denmark's incorporation of the rule of law has been chosen as a suitable sample for this comparative study to evaluate the similarities, differences, strengths, weaknesses, and capability of handling contemporary issues about social welfare compared to India. It also highlights the differences in interpreting and applying the Rule of Law in Denmark and India. This paper has discussed the historical and cultural impairments of both nations that required them to incorporate the principles of the Rule of law into their ruling structure. Still, the question is to what extent the nations are similar yet different, and the intention is to find the root cause of the distinctions, which places both in various positions. A thorough comparison of the constitutional provisions reflecting the rule of law has been made to give the readers a fundamental picture of how the rule of law is conducted in these two nations. One of the main objectives of this paper is to create a detailed analysis of the rule of law principle and to picture the separation of powers in both nations, Denmark being a constitutional monarchy and India a constitutional republic. While adopting the doctrinal methodology, the research substantially depends on the Constitutional text of both nations, which forms the primary source.
Keywords: Rule of Law, Separation of Power, Social-welfare, Constitutional Republic, Constitutional monarchy
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