The Unwritten Constitution provides Greater Opportunities for Human Rights: A Comparative Analysis of the Constitution of India and U.K.

  • Chetan Trivedi
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  • Chetan Trivedi

    Assistant Professor at PSIT College of Law, India

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The Constitution is the supreme law of any nation, which forms a base for all other laws and protects the basic spirit of democracy and the rights of individuals. The Constitution of India is a written document comprising several Article and Schedules. On the other hand, the U.K. Constitution is a set of laws and rules, creating state institutions and regulations for the relationship between those institutions. The Constitution of the UK is not codified in a single document. In this research, the human rights aspect as related to the Constitution is discussed. In Contrary to many states during the nineteenth century, the U.K. stayed devoid of revolutionary fervour. As a result, U.K.’s democracy has been reformed tremendously over years rather than in one loud explosion. Codification of citizens' rights and political systems was a crucial step toward independence for fledgling countries, like the United States and Australia. Surprisingly, some countries modelled their written constitutions on the unwritten constitution of the United Kingdom. The Constitution is needed for the governance of basic laws and to maintain what principles should an enacted law be based upon. The Constitution of a country is the supreme law of the land, and thus, no other law can violate the basic principles of the Constitution. It gives a reassuring certainty to the principle of rule of law and guarantees the rights to the citizens of the nation. It acts as a protector of the human rights of the people and reduces the chances of an arbitrary action of the government. The research aims at testing if the unwritten Constitution provides greater opportunities for human rights keeping in context a comparative analysis of the Constitution of the United Kingdom and India. For this research, the basic structure, the principle of rule of law, judicial review, the doctrine of separation of power as applicable in the two countries are analysed and a comparative analysis of the scope of human rights provided under the written Constitution of India and the unwritten Constitution of the UK is given.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 1611 - 1623


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