Difference Between International Law And Domestic Law

A constitution is a set of fundamental and entrenched rules governing the conduct of an organisation or nation, establishing its concept, character, and structure. It is usually a short document general nature and embodying the aspirations of values of its writers and subjects. (Business Dictionary, 2015). A constitution is the ultimate authority; any action, which contravenes the rules of the constitution, will be both unconstitutional and unlawful. It will also help identify the rights and freedoms of citizens through a bill of rights, which operates both to protect citizens and to restrict the power of the state.

The Constitution of the United States was a document that established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens. It was signed on September seventeenth, 1787 and used to replace the Articles of Confederation. The Magna Carta was a document that established the principle that everybody, including the king, was subject to the law. It was signed in 1215, issued by King John of England. The Petition of Right was signed in 1627 and was written by Parliament as a way to stop King Charles I from overreaching authority.

The government, as stated in the Constitution, has inherent powers that are “few and defined” constitutionally only for the federal government to exercise. Within the government’s inherent powers are two categories, express and implied powers. The express powers of the government can be found in Article I, section eight and can be simplified down to: the ability to print money; regulate interstate trade; borrow money on the credit of the national government; establish bankruptcy, immigration, counterfeiting, copyright, and piracy laws; declare war; and raise the army and naval forces . In relation to the news article about Net-neutrality, the government has no express powers that pertain to the allowance of them over-turning the FCC’s old rules for the creation of new rules that benefit them and a select few more than the people of the U.S. In contrast, the government’s actions, for those that disagree with the decision that had been made, might attempt to persuade the people that the government’s use of their implied powers gives them the right to make such a change to the Net-neutrality rules.

There are many amendments in the constitution developed by supreme courts that secure the civil rights and liberties of the people; among 27 amendments of the constitution,

The Executive branch executes laws and is the president. The Judicial branch judges laws and is the Supreme Court. The Legislative branch creates laws and is the House of Representatives and Senate. James Madison said in Federalist Paper #47 Document B, “the accumulation of all powers...in the same hands...may be justly pronounced the very definition of tyranny.” This helps protect from tyranny because the Separation of Powers prevents all power from being in the same hands.

The Articles of Confederation and the Constitution are similar in addressing the problems that were present at that moment. However, there is a significant number of differences. One of the main differences between the Articles and the Constitution is the way in which they set up the legislature. The Articles of Confederation are established as a unicameral legislature referring to the congress. The Constitution on the other hand, is established as a bicameral legislature with an upper and lower house, senate, and a House of Representatives.

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 judicial branch in Canada is a key element to the division of power. The judiciary branch is an uninfluenced and independent from the legislative and executive branch, the judges are appointed by the Prime Minister and their role is to interpret and apply the laws of Canada as written in the Canadian Constitution. There are two essential principals in modern democracy; the rule of law (La primauté du droit) and the separation of powers (Lampron p. 218). The rule of law is the idea that no one is above the law. This theory allows for a healthy democracy as authority must practice is powers legitimately and in accordance with written and publically adapted laws.

There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.

Secondly, the parliamentary executives, the cabinet minister and the Prime Minister, share responsibilities. Therefore, the parliament is “jointly responsible for the actions of the government…primus inter pares (first among equals)”. (Haywood, 2007, p. 95) Lastly, a typical feature of the parliamentary system is that the offices of the Head of State and the Head of the Government remain separate from each other. Union is a key feature of the parliamentary governments worldwide.

Additionally, the Russian government runs on a federation while the United States operates on a Constitution-based federal republic; having a strong democratic tradition. About the Legal System, Russia mainly uses the civil law system which in other words is the judicial review of legislature acts, and the U.S. government uses the Common Law System which is based on the English Common Law from the federal level; using state legal systems based on Common Law except for Louisiana. Lastly, relating to the basis of executive legitimacy, Russia’s presidency is independent of legislature meaning the ministry focused on the parliamentary confidence, while the U.S. presidency is independent of primarily the

Alexis Amaro PUA 241 10.10.2015 Activity 2 The checks and balances system is a piece of the constitution that is somewhat basic, but very important. The 3 branches of government, the judicial branch, the executive branch, and the legislative branch, all preform different tasks. The judicial branch is regulated by the Supreme Court and interprets the laws, the legislative branch is regulated by congress and creates the laws, and the executive branch is regulated by the president and enforces and carries out the laws. The checks and balances system was created to keep each branch of government from becoming too powerful.

The delegates wrote this Constitution with tyranny in mind; how could the Constitution guard against one person or group from gaining too much power? The Constitution protects against tyranny because the 55 delegates established: federalism, separation of powers, checks & balances, and equal representation. Federalism helps guard against tyranny by making sure not one government has too much power. In Document A, it is clearly stated that James Madison, a main contributor to the Constitution, wanted “[a] compound republic of America” to provide a “double security” for our rights. As both central and state governments in the compound republic have different functions, this helps keep our states in a union while letting the states stay independent.

Statutory law usually enacted by a legislative body. Unlike case law, statutory law is not enacted to resolve a specific factual dispute. However, legislative bodies make rules or laws that apply to society in general. It governs numerous aspects, including traffic, domestic relation, criminal and civil liability, corporate operation, immigration, and homeland security. The most difficult part in researching is locating the proper law when you have a factual situation or issue and trying to find the answer.

“Federalism is a system of government in which sovereignty is constitutionally divided between a central governing authority (national government) and constituent political units (states). Within the sovereignty of the national and state government, they directly governs the residents within their own assigned territory. They have authority that is not subject to the other’s approval and is constitutionally protected. Abolishment of each other is prohibited” (Patterson, 2013, p. 59). Federalism of 1787 and today divides the responsibilities of government between the nation and states, restraining the influence of both.