The first fundamental step in political development is the movement from total lawlessness, or anarchy, to some kind of centralized law and order. The politically developed nations have of course long accepted the concept of a central authority or government, and the Rule of Law which sets restraints upon the scope of people's actions; but this nevertheless remains as the foundation of government and of a nation's compact with its government. When power, that is the ability to physically influence the behavior of others, is centralized, the rule of law is thus imposed. Instead of individuals arguing and settling their differences in a continuing series of battles based on personal power, the authority to establish decisions on social conduct
When a society develops, it will become necessary for a government to compensate for the eventual defect of moral virtue in individuals. However, as this is what is necessary for government to supply, that is the extent the government should be involved according to Paine. The freedom and security of a society is the aim of a government, aims which should not be overstepped. This concept of limiting government to its intended purpose is seen most clearly in the libertarian movement in modern times. Libertarianism is still keenly influenced by Paine’s anti-Federalists sentiments within this paper simply applied to modern issues.
Constitution is necessary for the coordinating of a state as it involves the fundamental rules and regulations in which a state exists . However the Britain constitution involves a written foundation such as the statutes. It is one of the few that is not written down in a single document . As an idea by Blick, it is due to the absence of a serious moment in the history, such as a revolution or an independence that has made Britain transformed the constitution to the level codifying it. However, two of the most important regulations of the Britain constitution are known because it is much based on Parliamentary Supremacy (means that Parliament can, if it chooses, legislate contrary to the fundamental principles of human rights) and the division of powers (meaning that Parliament, as opposed to a written constitution, it is the highest source of law in the United kingdom and that the executive, the legislature and the judiciary powers would be divided among themselves.
The most general argument in favour of institutional analysis lies in the idea that institutions have to be interpreted by political actors (Lowndes and Roberts 2013). Institutions do not act. Only actors act. What this means is that just as institutions are the result of the actions of actors, so post-institutional outcomes are the result of equivalent actions. In other words, even if institutions have been constructed in a particular way on the basis of very specific preferences, actors still have to work within these institutional structures subsequently.
This would help to form a framework from amassing too much power centered onto one single branch of government. One that powers would be split between an executive, and legislature, and judicial branch. This response would allow for the passing of the Constitution with the compromise of adding the Bill of Rights. The checks and balances system is discussed extensively in Federalist 51. Written by James Madison says “for maintaining in practice the necessary partition of power among the several departments as laid down in the Constitution…essential to the preservation of liberty, it is evident that each
1 Introduction In this essay we are going to firstly start by defining as to what is constitutional interpretation and then critically discuss the approach to constitutional interpretation. Furthermore give a discussion of how does constitutional interpretation differ from ordinary statutory interpretation and the analysis as to what extent this approach was followed in the case of Stransham-Ford and the Nkandla case. Constitutional interpretation can be defined as the theory or the method of thoughts that describes a general approach which the judiciary uses to interpret the law, constitutional documentation and the legislation. Constitutional interpretation is precisely known/defined as the commanding interpretation of the supreme constitution
In International Relations, various theoretical perspectives are employed to provide a clear framework for the analysis of complex international relationships. One key concept that scholars have strived to fully analyze is “anarchy” and its significance within the International System. Anarchy, as defined by many IR scholars, is the lack of an overarching authority that helps govern the international system. (Class Notes, January 29). Its importance and power to dictate actions between states is often debated and various theories have been used to describe its significance.
A constitution is a set of fundamental and entrenched rules governing the conduct of an organisation or nation, setting up its idea, character and structure. It is typically a short document general in nature embodying the aspirations of values of its scholars and subjects. (Business Dictionary, 2015). A constitution is a definitive power any action, which contradicts the rules of the constitution, will be both unconstitutional and unlawful. It helps to recognise the rights and freedoms of citizens through a bill of rights, which works both to protect citizens and to confine the power of the state.
APPOINTMENT OF GOVERNORS AGAINST THE CONCEPT FEDERALISM Nitin Goklani & Tanwi Pareek Federalism is a political concept in which the sovereignty is constitutionally divided among the Union governing authority and its constituent political units in such a way that they are independent of each other in their own spheres and not subordinate to one another. Now what we see in India is that the constitution is not strictly Federal. According to various critiques, the Constitution has many features which portray that it is Federal with a strong union and the appointment of the governor is one such characteristic. The Governor is the Constitutional head of the state whose role is restricted to act upon the advice of the state cabinet. When we read
In their constant struggle to maintain their own independence, they placed a perpetual check upon absolutism of civil authority, and they develop the theory of resistance that led ultimately to democracy and freedom (Wanlass, 1952). The rise of Idea of Individualism fortifies the idea of public or individual as main source of authority of the government. To the extent that it has representation in the said institution, that it