Separation of power and constitutionalism in comparison to India USA and UK

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Ashika Singh

Separation of power and constitutionalism in comparison to India USA and UK

Authors: Ashika Singh

Unique Paper ID: 169718
Volume: 11
Issue: 6
PageNo: 2241-2247

Keywords: separation of power constitutionalism check and balance senate house of representatives check and balance Judicial review legislature executive judiciary House of people council of states basic structure amendment.

Abstract:
The principles of separation of powers and constitutionalism play distinct but critical roles in the governance structures of India, the United States, and the United Kingdom. In the United States, the separation of powers is strictly enforced through a written constitution that clearly delineates the powers of the executive, legislative, and judicial branches. Each branch operates independently, with a strong system of checks and balances that prevents any single branch from dominating the others. Constitutionalism in the U.S. is deeply entrenched, with judicial review providing a mechanism for the Supreme Court to strike down laws that conflict with constitutional provisions. In the United Kingdom, constitutionalism takes a unique form as the country lacks a single, written constitution. Instead, it relies on a combination of statutes, conventions, and legal precedents. The principle of parliamentary sovereignty traditionally limits strict separation of powers, with the legislature holding supremacy. However, the role of constitutionalism has evolved, especially with judicial review and the Human Rights Act 1998, giving the judiciary a greater role in ensuring that governmental actions align with individual rights and democratic principles. In India, the Constitution explicitly establishes a separation of powers but also allows for flexibility through certain overlaps among branches, tailored to meet the needs of a vast, diverse nation. The Indian judiciary has significant powers of judicial review, enabling it to safeguard constitutionalism and protect fundamental rights. However, the principle of "checks and balances" is often challenged by the expanding roles of both the judiciary and executive in legislative affairs, leading to debates on judicial activism and executive overreach. These varied approaches highlight how separation of powers and constitutionalism are adapted to each country’s political culture and legal traditions, creating unique frameworks that balance authority, accountability, and the protection of rights within different democratic systems.

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ISSN: 2349-6002
Volume: 11
Issue: 6
PageNo: 2241-2247

Separation of power and constitutionalism in comparison to India USA and UK

Available:https://ijirt.org/article?manuscript=169718

Impact Factor
8.01 (Year 2024)

UGC Approved
Journal no 47859

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