Rule of Law – A Comparative Analysis of Rule of Law in Australia and Bhutan

Abstract

Over the course of this essay, the author aims to not only bring out the meaning and the value of the rule of law, but also present it as a framework within the realm of constitutional legality in decision-making that limits the systemic abuse of power. The introduction of this paper sets out to highlight the history and the meaning of rule of law; the first part of the introduction aims to cover Albert Venn Dicey’s interpretation of rule of law; and the second part will attempt to prove that the rule of law concept remains an essential element of modern society, even in the face of these radical changes in the function of modern law. The essay then attempts to provide a concise comparative analysis between Australia and Bhutan on the following topics: Rule of Law and the Constitution; Judicial Activism and the Death of Rule of Law; and, the structure of judicial review in both Australia and Bhutan, exemplified through case laws that have made significant contributions to judicial review in each of the respective countries. The author also provides a brief discussion of the politics of rule of law from the perspective of these two distinct societies: Australia’s pluralistic society and the arguably more homogeneous society of Bhutan.

Keywords: Rule of Law, Bhutan, Australia, constitution, pluralistic society, homogenous society