What is a constitution? A constitution is termed as a set of rules relating to how a country will be governed. The rules consist of the roles, functions and powers of the country and shows how coordinate the relationship between the state and the people. The constitution also includes the rights and the freedoms of the people. According to Jeremy Bentham, the word ‘constitution’ was used to refer to as ‘the aggregate of those laws in a state which were styled collectively the public law’. This implies that every state in the world has a constitution in the original sense of the word, by which is meant the body consisting of the rules and the arrangements concerning the government of the country. A constitution is further explained by Chief …show more content…
That is to say that although there are benefits derived a written constitution, there are also problems and difficulties affecting the country. The advantages are the written constitution possesses the attribute of certainty, clarity, and accessibility. Therefore having the written constitution in a country which s codified in a document, powers, duties and roles of the public, the political officers, the citizens and the foreigners are clearly identified. This written constitution can be easily accessible by all in the country. The laws of the country using a written constitution are determinable. The written constitution helps to prevent the fusion of powers by upholding clarity in the principle of separation of powers. Possibilities of conflicting rules are greatly minimized. The determinable nature of the written constitution helps the possibility for easily predictions the outcome of certain actions (e.g. criminal or civil thoughts). The written constitution with the attributes of determinable and certainty makes it easy for the public to weigh and check the actions of the public/political officers. There is less ambiguity in a written constitution state. The outcomes of acts especially the criminal and civil thoughts can be predictable. There is no conflicting rules in a written constitution because all the laws are properly researched before written down in a codified …show more content…
The merits are that changes are easily adopted because of its flexible nature. The absence of amendment formalities and procedures in the unwritten constitution makes it easier for the provision to be changed. It is because the unwritten constitution has many sources; these sources provide a wide range of rules that can be replaced and substituted for another. The absence of these procedures in the amendment of the constitution helps to achieve effectiveness of law as timely changes are made, to adapt to the societal
The Constitution, written in May 1787 in Philadelphia, was a new constitution that replaced the Articles of Confederation which was not working at that time because it does not have a court system and the central government could not even force a state to pay taxes. 55 delegates from eleven states were called for a Constitutional Convention in Philadelphia to create a stronger government that can hold the new nation together. They were thinking to write a new constitution to guard against tyranny. Tyranny is defined as one individual who controls all the power which was the thing that the colonists were trying to avoid. The ways that the Constitution guarded against tyranny were by separation of powers, checks and balances, and the equality between large and small states.
The constitution of the United States was a document created to fix the major problems the Confederation government had following its creation. The meetings in which the document was created founded the style of government that has lasted to this day. It created the Executive, legislative, and judicial branches of government, it created our bill of rights, and it separated powers between the states and the newly formed federal government. Negotiations started as very difficult between the representatives of the separate states.
Introduction A constitution provides the fundamental rules and principles that govern a country. It creates many of the institutions and branches of government, and defines their powers. The Canadian constitution is the basis on which Canada was founded on. It is the pillars upon which Canada’s government was built on, as it specifies what our government can and cannot do.
The Constitution gave hope to a lot of free white males. It ensured liberties and security for those who were addressed in the Constitution and it enabled people to succeed in their ventures. This document gave the Colonists the power to govern themselves. Though through this Constitution not
The constitution has saved our country from being like England/Britain and has saved us falling apart. The constitution has kept us from ending up like other country that are formed off the strong being in charge and surviving and the weak dying or ending up like a monarchy or a dictatorship like other country are and the constitution everyone in our country has survived and no more
The U.S. Constitution is what the Supreme Court uses to make the decision for a court case, it is like an instruction manual for the U.S., and it contains the rights of all
The US Constitution is a document based on the US Federal government’s law and it presents legal checks and balance for the branches of government. The reasoning behind this system was to give an in depth set of values and guidelines for the American people. It is separated into three parts: The Articles, the Bill of Rights, and the changes and additions. The initial three articles are written to establish the responsibilities, powers, and balance each branch the federal government has.
The U.S. Constitution is a Living Document Since society has changed dramatically between the eighteenth and twenty first century, the U.S Constitution should be considered as a living document because it is not applicable in today's society and therefore in need of some changes in order to fit into today’s society. When our founding fathers wrote the constitution they did not have in mind all the technological advancements the U.S. will one day have. Such as the internet, television, radio, and so on. Other’s will say that if the constitution was considered a living document then judges will take advantage and manipulate the constitution to their benefit, but they don’t realize that people already manipulate the constitution. There were laws that contradicted the constitution like the Judiciary Act of 1789, which contradicts Article III of the Constitution in the Marbury v. Madison case.
The Constitution is rules for the president and all of the United States politicians to govern by. In the constitution the first part is called the preamble. It states “ we the people in order to form a more perfect union. established justice ensure domestic tranquility. Provide for the common defense ,promote the general welfare and secure the blessings to ourselves and our posterity.
It describes the rights and responsibilities of the government and of all the states as a federal government. A system whereby several states form a unity but remain independent in internal affairs. Since the Constitution came into force in 1789, it has been amended twenty-seven times to meet the changing needs of the maturing nation which is now very different from the eighteenth-century world in which it was created. The ideals of the Constitution are to form one union from all the states. The states work together as one nation but have independent internal laws.
It outlines a plan of government and provides the structure and functioning of the institutions of governments. Constitutions are expressions of popular sovereignty between the government and the governed. It specifies the powers and limitation of power of the government, as well as the right and privileges of citizens that cannot be affected by the government. Also it specified how citizens are allowed to participate in democratic decision making processes that determines public policies. In some ways, Texas Constitution executes these functions well.
Texas Constitution V. Maine Constitution What is a constitution? According to Merriam Webster Dictionary a constitution is a document that describes the system of beliefs and laws by which a country, state or organization is governed. In numerous ways, the Texas and Maine constitution are similar documents.
The U.S. Constitution What is the preamble to the constitution? The preamble is important to the constitution because it explains why the constitution was written. The constitution was written because the people wanted to create a nation in which states can work together. The preamble also helps the constitution in the way that it establish justice like making laws and setting up courts that are fair and a jury system. Domestic tranquility is keeping peace within the countries like for example the national guard and the federal marshals which the preamble states.
Established on September 17, 1787, the U.S. Constitution established America’s national government and fundamental laws, and guaranteed rights for its citizens. The Constitution also represents the value and principles of democracy and republicanism that the United States of American stands by. This means that the Constitution regards to the American citizen as something that is held to deserve meaning the importance, worth, or usefulness of something. It also means its citizens come first in order of importance. The Constitution represents the value and principles of democracy and republicanism by stressing liberty and inalienable rights as central values, making the people as a whole sovereign, rejecting inherited political power, expecting citizens to be independent in their performance of civic duties, and vilifies corruption.
The meaning of the Constitution may be puzzling and unclear but I find that the Living Constitution approach is the most practical for making judgements about particular cases. If I were a justice in the Supreme Court, I would use this approach because it’s based on a system that the document of the Constitution sets up a set of timeless principles that are applied in today’s world and not simply based on the time when it was written. The Constitution should be used to help solve problems by coming up with what these principles mean when applied in today’s world. An example of this is the controversy of whether marriage can or cannot be denied to gay people because of equality.