The constitution consists of some primary principles. Briefly explain the following principles and their significance in shaping American government. • Self-Government: Self-government involves a system whereby the people of a country rule themselves and control their internal affairs (Vile, 2015). The principle of self-governance ensured that the US could govern itself without influence from the British colonialists or the Monarch in England. The principle of self-government provided the basis for republican governments and democracy in the United States.
Following the theory of separation of powers, organs of a modern government legislature, executive and judiciary are entrusted with three different functions viz. policy making, policy implementation and policy adjudication respectively. One question that arises before the judiciary after every judgement is to whether to put any new guidelines and norms for the executive and legislature for further protection and up to what extend. When judiciary lays down the guidelines, they move a step closer in getting involved in the public administration. It has over the period of time changed from a mere spectator to a proactive player.
Introduction: The United States founding fathers wanted to have equal powers within their whole government. John Locke, James Harrington and Charles de Montesquieu expanded the theory of separation of powers. Generally, our founding fathers had experienced monarchy. Powers shared within the government were not equally shared in Great Britain. Therefore, our government powers today is divided up into three branches.
This article would talk more about unwritten constitution and discuss about whether it can be still open and fair or not. Definition of Unwritten Constitution Unwritten constitution is a behavioral rule which is nationally accredited and given legal force by the state. The word unwritten refers to without the legislative process (or procedure) rather than no written record (Weyrauch, 1999). That is, unwritten constitution has normative, either. Characteristics Unwritten constitution refers to that both constitutional system and the protection of citizen’s rights are not explicitly stipulated in a unified code of written law but scattered among different sources of law, including constitutional law, written law, government documents, constitutional convention, understandings, habits and practices, etc (Qiang, 2009; Palmer, 2006).
Constitutional law is interested with the duty and powers of the institutions of the government and with the relationship between the citizen and the government. The United Kingdom’s constitutional development has an unbroken history starting from 1066. ‘Constitutionalism’ is the doctrine which governs the lawfulness of government action. Constitutionalism suggests the things that are far more important than the concept of ‘legality’ which expects official conduct to be as per pre-settled lawful guidelines. In brief, constitutionalism suggests the limitation of power, the separation of powers, the doctrine of responsible accountable government and the protection of individual rights and freedoms.
However, a Judge of the Court of Appeal may be by the Chief Justice to sit as a Judge of the Federal Court where he considers that the interests of justice so require. Besides that, the YDPA may order the prescribed number of Federal Court Judges to be altered so that packing of the court by the Government is possible, as for in theory. These goes similarly as under A.122A, only the Chief Judges and Judges qualified and appointed under part IX may sit in the High Courts. The membership of such court is appearently restricted to 47 in the case of High Court in Malaya, and ten in the case of High Court of Sabah and Sarawak. However, the YDPA may appointed Judicial Commissioners by virtue of advice given by the Chief Justice for a limited period or limited purposes, ‘for the dispatch of business’ in the High Courts.
This system presupposes a rigid constitution: although the legislature retains the final word on the validity of all laws, it can only override a judicial declaration of invalidity through constitution-amending legislation. Here the constitution-amending legislation can only be adopted be legislative super-majorities or by the legislature and the electorate acting in concert.
In the other words, Parliamentary supremacy in Malaysia means that Parliament has the power to enact every laws, and which is must be followed by the people who stay in Malaysia. Generally, the courts cannot against its legislation and no Parliament can pass laws that future Parliaments cannot
In general, federal government is a system that divides the power between a strong national government and a smaller local government. For example, our country, Malaysia is a parliamentary democracy country with a strong federal constitutional monarchy . Furthermore, the legal system in Malaysia is a mixture of the legal system of English Common Law, Customary Law, and Islamic Law. Judicial review of the acts of legislative in the Supreme Court is allowed with the request of the supreme head of the federation. However, by comparing Hudud law and the Federal law, Hudud law’s punishment is extremely against the concept of rule of law.
He is appointed for five years. The Ministers are even elected by President after the advice of Prime Minister. The powers are distributed among the Ministers. An outsider can even be appointed on the advice of Prime Minister. Such a person must be elected within six months of appointment.