Types of Democracy The nature of representative government is one of the ways to categorize the democracy. Generally, there are two categories: direct democracy and representative democracy. Both types of democracy can be observed today. Direct Democracy Direct democracy is a form of democracy that all political power belongs to the citizens.
The rule of law is a concept mostly used by lawyers and politicians without giving definite meanings to the concept as it has many interpretations. It is viewed in many different ways. It has been seen as a key concept in legal and political philosophy. Also, the rule of law has a practical application in that it can offer guidance on the requirements that a good legal system must adhere to. The rule of law, in as much as it influences legislations by regulating the conduct of government officials and those in authority, there is no judicial legislation contrary to the rule of law.
Voting is also a democratic process. The main action is set by the government or can even be set upon citizens’ request. However, it is executed by the American citizens. According to US Citizenship and Immigration Service (n.d). “Voting ensures that our system of government is maintained and individual voices are clearly heard by elected officials.”
In a nutshell, legal tradition is the basis or historical root of a country’s legal system. There are two major legal traditions – the Common law and Civil law traditions. Each tradition has different source, concept, rule and development history. The adoptions of legal traditions in certain countries are largely affected by their historical background as well. John Henry Merryman (as cited in O’Connor, 2012, p.8) defined “legal tradition” as “a set deep rooted, historically conditioned attitudes about the nature of law, about the role of law in the society….
INTRODUCTION The ‘rules of evidence’ are rules of practice, which guide or control the discretion of the trial judge in the fair conduct of the trial. This research paper will therefore discuss the constitutional provisions that constitute rules of evidence, which protect the rights of an accused person, and the extent to which such protection is afforded. To close, an opinion will be given on whether the rights of an accused are indeed protected. CONSTITUTIONAL SUPREMACY
Whilst this can apply to cases which are not covered by any current laws, this also poses an issue regarding the Separation of Powers raising concerns about the applicability of the theory in the UK government. Additionally, leaving decisions to be made without any guidelines for cases that are not
semester Rule of law or nomocracy is the legal principle which states that the law should govern a nation. As opposed to the arbitrary decisions it primarily refers to the influence and authority of law within the society including the behaviour of government officials. The concept was well known to philosophers like Aristotle and it was popularized in the 19th century by A.V.DICEY. Rule of law implies that every citizen is subject to the law, including law makers themselves. This definition requires that there must be a system of laws—and law by its nature involves rules set forth in advance that are stated in general terms.
The Executive branch a Cabinet which is made up of a prime minister, deputy prime ministers, and federal ministers (What Type of Government). The Executive branch creates the laws that the President will later sign or veto (What Type of Government). The Legislative branch is made up of a Federation Council and a State Duma, and with these two groups they run the legislative branch (What Type of Government). The Federation Council takes care of federal subjects as well as taking care of the political divisions of the country, they also pass legislation that has been approved (What Type of Government). The State Duma has the power to override veto made by the Federation Council as well as put up new law proposals (What Type of Government).
Barnett explains that constitutional law governs the role and powers of the institutions within the state and with the relationship between the citizen and the state. At any point in time, the constitution manifests the moral and political values of the people it governs. It deals with the rights and privileges of the individuals and the state. Around the world, two dominant types of constitutional law are found, where the determining factor is whether constitution is written or unwritten. Classical constitutional legal theory suggests that the power of a parliament is omnipotent or sovereign when there is no written constitution, which is important to understand legislative
Law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. It is also possible to be described as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behaviour of its members, so law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order. Morality, on the other hand, is defined as the principles concerning the distinction between right and wrong or good and bad behaviour. It speaks of
1. The difference between law and regulation is that law provides guidelines and setup rules in order to govern the behavior. Laws are created as ideas that go through a long process such as balances and checks in order to be voted and become a law. All laws must be obeyed and followed. Breaking law results severe consequences.
The Presidents role in the executive branch is to implement new laws that are passed and enforce them. He or she is given the power to decide whether or not to sign a law that is being attempted to pass or veto it and decline. The Judicial branch includes the Supreme Court and district courts. Their job includes deciding if a law is unconstitutional therefore they get to allow whether a law will be passed or not.
The judicial branch, consisting of the U.S. courts, is mainly in charge of defining the state/national laws, how to apply them in situations, and regulates if laws are constitutional. Federal judges need to first be nominated by the president, then confirmed by the Senate in a (mostly) disputable process. The Senate wants to make sure all justice leaders approved are fit to rule constitutionally in society. The president is always looking for judges who share their same ideology, and will oversee judicial appointments very carefully because they are a way for him/her to affect public policy long after their presidency term.
The Virginia Plan proposed that a National Government consisting of a supreme legislative, executive, and judiciary branches be created. This was very different from what the existing Confederation of Sates were comprised of. This new National Government was approved by Congress with little debate between its members, because as time was moving forward more and more members of Congress realized that there was a need for a stronger National Government. The details of the Virginia Plan called for the legislature branch to be comprised of two houses.
The most important thing that the bureaucracy does is implement policy. Congress and the President make the policies and laws, but they have someone else (the bureaucracy) to implement them. However, they also make policy by rule-making (process of defining rules or standards that apply uniformly to classes of individuals, events, and activities). Also, according to Jillson (2016), "Congress passes laws that authorize government programs, the bureaucracy then writes specific rules that define how the program will be administered." So, when the bureaucracy makes rules you have to obey them because they have the force of law.