The main philosophy of John Locke, a famous and well-known Enlightenment philosopher, involves his theory of natural law and natural rights given to mankind. In this particular article, entitled “The Consent of the Governed”, part of his work Two Treatises of Government, Locke addresses importance of man’s natural state and its main characteristics, the forming of a government and what it offers and the relationship between a government and its subjects. According to Locke, man’s natural state is a state of equality, with no man being of higher power than another and all are welcome to have complete control over their own lives. He states that, by nature, men are “all free, equal, and independent, no one can be put out of this estate,
In order to avoid government’s abuses of power, elites carried out constitution to limit the powers of government. That forms a new kind of government, Constitutional Democracy. With such limits, democracy will not destroy itself. Contrary to Direct Democracy, the system of this government is fit for modern states. In a nutshell, government insures people live in a harmonious and stable community.
International laws are, by definition “A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another” (www.oxforddictionaries.com). International law is a very significant topic because it affects everyone globally. In this research report, I would like to explore the advantages and disadvantages of international laws and consider if they should be enforced in all countries. The modern system we use today was developed in the 17th century in Europe and is still used worldwide (Stratton, 2009). After the Second World War, international unity became very popular (Neff). On the 24th of October 1945, the United Nations officially came into existence. On that day, representatives of 50 countries met in San Francisco at a United Nations Conference on International Organization to draw up and sign the United Nations Charter (UN, History of the United Nations). The United Nations Charter is a document that states what the United Nations is. In Chapter 1, “PURPOSES AND PRINCIPLES Article 1” one of the points states that a purpose of the UN is to keep international unity and to remove anything that threatens peace (Nations, 1945). Even though at first international laws may seem to only include human rights, they are much more complex and they affect us in many different ways.
According to Locke, the legislative power is the most important part of the government. Locke claims that their first rule is to preserve the society. The legislative body’s power and authority comes from the consent of the governed
These intentions disclose the structure of government it aims to articulate and subsequently protect over time. In doing so, it lists only governmental powers that are necessary to maintain its enduring political system, which reflects the state’s identity and indirectly promotes civic virtue. Powers regarding various policy areas are not included as they are instead determined by the people via the legislature. As an extension to this, in order to preserve its fundamental ramifications, the constitution must be drafted in a manner that makes it difficult to amend. By retaining a rigid amendment process, it protects the people from the passions of small factions that threaten to sabotage its original meaning.
Law is a tool to regulate interactions amongst the members of a society. Oppenheim defined International law as the name for the body of customary and conventional rules which are considered binding by civilised states in their intercourse with each other. In Sir Cecil Hurst’s view, International Law is the aggregate of rules which determines the rights which one state is entitled to claim on behalf of itself, or its nationals against another state. The definition and aspects of International Law evolved over time in order to suit the changing world order and new situations. International organisations and institutions such as United Nations organisation (UNO), World Bank (WB), International Monetary Fund (IMF), World Trade Organisation (WTO)
Government, the foundation of any civilization, defines both the life of its citizens as well as a tone of the country. Cicero, a roman politician and philosopher, wrote The Republic and The Laws shortly before the fall of the roman empire, which contained proposals to help fix the crumbling empire and outline justice within a democratic government. The Preamble to the Declaration of Independence and the United States Constitution, unlike cicero's works, were written at the genesis of the United States. They, too, however, outline the basis for a just society, founded on written law, as opposed to its natural existence. Cicero’s The Republic and The Laws outlines many aspects of modern government, many of which the Preamble of the Declaration of Independence and the Constitution meet, and some of which they fall short of!
The fundamental roles of the individual citizen were to exercise these rights such as expressing their opinion in both speaking in public (freedom of speech, 11) and in deciding on things such as taxes (speaking to a representative,14). 3. How does the document define political sovereignty, and how is this definition related to the deputies’ collective sense of identity and
The first external sovereignty in the sense of the how independent the UK is regarding international law and the second is internal sovereignty which questioned the way power is exercised by institutions such as Parliament. there is no doubt that constitutional developments over the past years of the 20th century which has led to the argument of parliamentary sovereignty in theory and practice, particularly in relation to U.K.’s membership of the EU and the devolution of power in creation of the Scottish Parliament and Welsh Assembly alongside the human rights act of 1998. nevertheless, in practice the three elements that A.V Dicey created have still been implacable and exercised in today’s parliament. with UK leaving the EU, in practice parliament’s will regain sovereignty. Because arguably, the only challenge that may reduce the sovereignty of Parliament comes from the EU whose court of justice can strike down the member states legislation which does not accord with EU primary legislation.
GLOBALIZATION, TECHNOLOGY AND LAW Globalization and Technology Globalization has completely transformed the way in which the world and its people interact. Earlier there were several roadblocks in the ability to communicate and interact with the people worldwide. But now, the world is becoming more and more globalized in all spheres: Business, financial, social, economical, etc. Over the years, a lot of technological advancements have come into picture including the changes in the field of Information Technology, having a significant impact on the global landscape.
TRUE SENSE OF INTERNATIONAL LAW: The controversy whether international law is a law or not resolves on the divergent definitions of the word “law” given by the jurist. If we subscribe to the view of Hobbes, Austin and Pufendorf, that law is a command of sovereign enforced by a superior political authority then international law cannot be included in the category of law. On the other hand if, we subscribe to the view that the term“law”cannot be limited to rules enacted by superior political authority, then international law can be included in the category of law. Lawrence aptly remarked that everything depends upon the definition of law which we choose to adopt.