Difference Between Written And Unwritten Constitution

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.

There are two types of different constitutions, loose and strict. Personally, I prefer to have a loose constitution. The first stated constitution is called a strict constitution. A strict constitution is meant to be taken word for word. There is no mediating between two different points, if the constitution doesn’t say you can do it, DON’T!

If they break the law, they will go through the same legal processes as everyone else. Democracy, checks the spread of power across different groups, preventing one person from controlling the nation. The Constitution, makes the Members of Parliament take an oath, when being elected. This means they will act in the best interest of the country. Mal Brough was born on December 29, 1961in Brisbane, Queensland.

On the Social Contract. Each of the philosophies discussed the purpose of government as well as which government was the most ideal. For Paine, government, is “a punisher,” in which society is ruled by in order to protect the properties of one’s natural rights (Paine 3). However, he defends a representative democracy as being the ideal. Likewise, John Locke also argues that governments protect the rights of man.

Our Founding Fathers wrote the Constitution because The Articles of Confederation had too many weaknesses. Our Constitution now guards us from having any sorts of tyranny. The systems we use are Checks and Balances and Separation of powers. Checks and Balances is a system that allows other branches to check on each other to make sure anything they do does not go over their given power. The system of Separation of Powers ensures that our three branches are not being ruled by just one person.

Procedural due process and Substantive due process may seem similar but they have vast differences. The overall purpose of due process is to extend justice and fairness to the individual in relationship to government. Procedural due process is an analysis of the procedure required by the constitution when states seek to deprive people of life, liberty or property. Procedural due process is made to protect individual citizens from the coercive power of the Government by ensuring the adjunction process under valid, impartial and fair laws.

The focus was on how the individual liberty could be permanently secured and preserved. Articles of Confederation and The Constitution, both have some similarities, but they differ more than they do resemble one another. The most common aspect of each other, is that, they were established

Do you ever wonder if the separation of powers in the government is important or not? The Separation of powers among the branches of the government is important because it makes sure that one branch or group of people/a person is not overpowering the rest of the government. The Separation of powers also ensures that the government is listening to the citizens and is keeping the rights and liberties that the citizens have. In this essay, i will explain to you how each branch of the government ensures that the other branches abide to the constitution and ensure that they keep the promise of Freedom and the rights of the citizen. Topic from yellow Each branch of the government makes sure that the other branches are not overpowering or breaking

With the Legislative branch, you have the power to make and pass laws. For the executive branch, the power to execute and carry out the laws.and for the judicial branch, deciding if the law is constitutional or not is a very important matter. The system of checks and balances also comes into play with the government: each branch has the power to veto, or deny, any law or action they deem unfit for our nation. This helps make sure that one branch does not rule or overpower the other branches. This way, every branch of the government is separate but equal.

Congress is a primary focus of the constitution due to the manner in which our government is structured and the manner in which it operates. Congress serves as the legislative branch of government, and given that the executive branch enforces laws, and the judicial branch interprets laws, the legislative branch is intrinsic to even the basic, rudimentary functions of the government as a whole. Given the necessity of Congress as a branch of government, it was understood that it’s powers and checks must be well established in the constitution and other founding documents in order to prevent abuse of power and other easily forceable issues in day to day government operations. Checks from the executive branch resticting legeslation passed and

Separation of Powers has proven to accentuate the Constitution’s intentions and maintain the rights of the people. Fabricated by Baron de Montesquieu, this structure is woven into the government to entail specific responsibilities upon each branch. This system thoroughly defines the boundaries for each unit of government to ensure tyranny remains dormant and that people are inevitably sovereign. Separation of Powers is incessantly purposeful in present day for a myriad amount of reasons. Overall, it supports people’s natural rights regarding the Constitution and terminates tyranny.

While with the Articles of Confederation, it was the states that held majority of the power and jurisdiction of the United States; these powers were being granted to the new National Government. The individual state governments would though maintain some of the authoritarian power that was granted in the Articles of Confederation. This was a major concern of our founding fathers, they did not want a national government that would become so powerful, that its’ citizenry would become its subjects such as that they revolted against, England. So of this fear was born the separation of powers between the different branches of the national government. Both houses of the legislature would have to agree on a cause for a law to be enacted, and once approved it would be sent to the newly created executive branch for that elected official to sign into law.

The United States government is best defined as a federal constitutional republic. As a constitutional republic, the U.S. government is organized by the Constitution, setting forth the political threshold of the people, which are known as the federal and state governments. As a federal republic, the control stands by the people throughout the voting process of electing the federal and state officials. The federal government is limited by the distribution of authority within the states as outlined in the Constitution. Although many people like to call the United States a democracy, this is not the case, because the public does not directly control legislation.

Federalist #51 1- Madison says that each department should have a will of its own. Also saying that we should give those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The constitution would say separation of powers. These can keep separated by elections of who will be doing what for whom, the power each institution is given over the two and how they will be doing things different from each other.

The Constitution designed to prevent one man or one group from taking power by using: Separation of Powers, Branches of government, Checks and Balances, Federalism, The Bill of Rights. One way that framers use to prevent government become too powerful is separation of powers. This power lets government has three different branches, legislative branch, executive branch and judicial branch. Each branch functions independently from the others. For example, the legislative branch makes laws, the executive branch carries out the laws, and the judicial branch evaluates the laws.