However, the law is the law, and when disobeyed whether unjust or just, consequences will be determined “by the code of the law”. However, human rights must be acknowledged when superiors make laws, and if they are not these laws must be revised, removed and/or
A. Object and Scope of the Study of Constitutional Law Constitutional Law in this concept more emphasis on objects which are the subject of studies in Constitutional Law itself. In connection with the definition of the Constitutional Law on the corner of the object of this study Van Vollenhoven (Netherlands) in his book "Staatrecht Over Zee" states: Constitutional Law is the law that governs all people, law-top to bottom, which in turn determines the area neighborhood people, determine ruling bodies, authorities and functions within the legal community. While Paul Scholten (Netherlands), in his book "Staatrecht, Algement Deel", defines that the Constitutional Law is a law that regulates the state organization or organizations of a country.
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.
Under judicial restraint, justices work to uphold the laws that are already in place and to maintain the laws as they stand except in the event that they are blatantly unconstitutional. Essentially, judicial restraint works to preserve the laws already in place and refrain from making significant changes to public policies. But much like judicial activism, judicial restraint isn’t perfect; the major flaw of judicial restraint is that it does
Identify and compare arguments of Federalists and Antifederalists. Identify which view prevailed in the argument about ratification. Identify the rights delineated in the Bill of Rights. Explain specific precedents for these right - English law, Enlightenment ideas, the experiences of American colonists, early experiences for self-government, and the debate over the ratification of the US Constitution. Unit 2 - Industrialization and Progressivism
The judges who consider the legislative intent will look for a pervious cases showing how to the judges in these cases interpreted and applied in order to solve the ambiguity they may face. However, the judges who decide to apply the literal meaning of statutes have to use the words existing in the statutes regardless of whether these words have clear meaning or
Role of each Branch of Government Power separation is one of the fundamental principal that the US Constitution is founded on. The functions of power separation technique are to maker sure that each arm of government has an active role in the creation, vetoing and reviewing of the statute. The structure of the legislative arm comprises of the senate and the house of representative that the framers of the constitution collectively referred to the Congress. The Congress is the primary body that makes the laws. The Constitution extensively explains its powers and roles.
Ministerial responsibility is based on a body of constitutional conventions; it ensures the accountability of the government to the people of Australia. Ministerial responsibility is the responsibility to the parliament by a minister or on a minister’s behalf for actions taken. Ministerial responsibility is a policy that ministers in a government depend on maintaining the support of the parliament. The underlying legal concepts are The Rule of Law, Democracy and the Constitution. The Rule of Law, relates as big decisions about the country are subject to the law.
The second condition is: the legal norm must be effective which means that people should obey the legal norm and if not obeyed at least applied to them. Obeyed means that any act contradicts with this norm is a “condition of sanction,” while applied means that whenever that condition of sanction is fulfilled it should be ordered and executed by the court or by executive authority. Kelsen afterwards describes the norm of any legal system as a paramedical structure, in this structure, Kelsen arranges
INTRODUCTION In this paper ,we shall answer the question whether the United Kingdom have a constitution. We shall , consider the term constitution. And establish the bases of constitution practice implementation within the State structure .and also examine the UK’s constitution through the historical development of the state’s statute, common law, constitutional conventions, royal prerogative and the influence of the supra-national power of the European Union. The Magna Carta 1215 settlement established that the power of the crown was not limitless, which for the first time gave state protection to individuals from the freedom of the church and granted the UK trial by jury . From a comparative perspective, we have what is known as an ‘unwritten constitution’, although some prefer to describe it as ‘uncodified’ on the basis that many of our laws of a constitutional nature are in fact written down in Acts of Parliament or law
The Australian constitution are written sets of rules that the country is controlled by. The Commonwealth of Australia was established on the first of January in 1901. It is a document which creates how the system of the parliament works and who has the right to make laws. The federal and state Parliaments have the power to construct laws that allow Australian citizens with their freedom of speech. The constitution is a necessary part of the nation as it represents the progress of the colonies turning into states.
In order to ratify an amendment proposed by Congress, ⅗ of the states must vote in favor of ratifying it. On the other hand, in order to ratify an amendment proposed by the states, ¾ of the state’s votes are necessary. Article six of the Constitution sets the status of the Constitution as the national supremacy to which leaders must be faithful. Conclusively, article seven of the Constitution addresses ratification and declares that if 9/13 ratify the Constitution, it will go into
The Supreme Court determines if the judicial rule is correct by referring to the Constitution. They interpret the laws in order to determine if the acts of the President are unconstitutional. Each branch has its own specific power and also is given the duty to examine as well as confirm the accuracy of the decisions made in the legislative,
The idea is associated with views that contemporaneous society should be taken into account when interpreting key constitutional phrases While the arguments for the Living Constitution vary, they can generally be broken into two categories. First, the pragmatist view contends that interpreting the Constitution in accordance with its original meaning or intent is sometimes unacceptable as a policy matter, and thus that an evolving interpretation is necessary. The second, relating to intent, contends that the constitutional framers specifically wrote the Constitution in broad and flexible terms to create a dynamic, "living"
Placing autonomy as a central value contrast with alternative frameworks a liberal society must maintain, such as “an ethic of care (and) utilitarianism” (Stanford Encyclopaedia of Philosophy, 2003). In essence this debate can be labelled as the debate between ‘autonomy and paternalism’ (Deaking, 2010, p141). Autonomy is regarded as the “fundamental right of individuals to shape their own future through voluntary action” (Van Boom et al, 2010, p1). It is expected that a liberal society protects the “democratic rights and liberties” of individuals, as this will avoid undesired authoritarian approaches of governance (Benn, 2009). As the UK is a state that operates under democratic rule, this entails the protection of individual rights and liberties.