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.
Parliamentary Sovereignty is a major principle of the UK constitution. This means that parliament is the supreme legal authority and has the power to both make and break laws. Generally speaking no court, including the highest court in the land- the Supreme Court, has the power to overrule its legislation. Instead, it is the job of the Supreme Court to interpret and develop the law where necessary. This provides proof that the UK courts are subordinate to parliament.
The Declaration of Independence consisted of an introduction, a long list of grievances against the British and a Declaration of Independence from Great Britain. The Declaration has four main ideals for what is needed in a country. The Ideals are equality, right to life, liberty, and the pursuit of happiness, consent of the Governed and the right to alter or abolish the government. The most important ideal is equality. The citizens of America need unalienable rights to protect themselves from the government.
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.
Established on September 17, 1787, the U.S. Constitution established America’s national government and fundamental laws, and guaranteed rights for its citizens. The Constitution also represents the value and principles of democracy and republicanism that the United States of American stands by. This means that the Constitution regards to the American citizen as something that is held to deserve meaning the importance, worth, or usefulness of something. It also means its citizens come first in order of importance. The Constitution represents the value and principles of democracy and republicanism by stressing liberty and inalienable rights as central values, making the people as a whole sovereign, rejecting inherited political power, expecting citizens to be independent in their performance of civic duties, and vilifies corruption.
The Magna Carta, signed in 1215, mainly secured liberties for England’s elite classes, but it has helped the fundamental principles of common law in constitutions around the world. The Magna Carta's influence on the constitution allowed specific rights from it be included in the US Constitution's Bill of Rights. An example of this would be the similarities between the Magna Carta's thirty ninth clause and the Bill of Rights seventh and fifth amendment. “No free man shall be seized or imprisoned … except by the lawful judgement of his equals or by the law of the land” (Magna Carta, clause 39).This clause refers to the guarantee that courts will
(Analysis of The Declaration of Independence) In 1776, Thomas Jefferson forged arguably one of the most important American documents that has ever existed. “The Declaration of Independence is an important part of American democracy because first it contains the ideals or goals of our nation.”(Barnes) Just like Barnes stated the “The Declaration of Independence” is a message to the England parliament, to colonist, and to surrounding countries. The main purpose though was to tell England that they are done with being governed by them, and they are going to be separate and equal. This came as quite a shock to the King of England. There are many important underlying messages that can be deprived from the “Declaration of Independence” by Thomas Jefferson, that we have certain rights that cannot be taken away from us, that all men are created equal, and that a government governed by the people is important.
Parliamentary sovereignty, the philosophy of the Parliament being the supreme legal authority in the UK, which can create or abolish any law, is commonly considered to be the defining principle of the British ‘Constitution’. Other core principles of the British Constitution are often believed to incorporate the rule of law, the separation of government, and the existence of a unitary state, meaning ultimate power is held by ‘the center’ – the sovereign Westminster Parliament. However, some of these principles are to an extent fictional. The separation of powers is not fully distinguished between all three branches, and the Parliamentary sovereignty may have been challenged given the joint impact of the European Union, devolution, the Courts, and human
Madison is probably the most famous case of modern constitutionalism. All manuals of constitutional law of the United States begins with its exhibition to explain the meaning of the Constitution of this country. However, the interest of the case goes more beyond of the American constitutionalism and settles in the discussion about the place that people must give to the Constitution within the system legal. Moreover, the case Marbury does not refer, as it might seem to a matter of fundamental rights, but rather to one of the possible ways to ensure and enforce the Constitution. In other words, Marbury is a matter of general theory of the Constitution (constitutional supremacy) and theory of Constitutional Procedural Law (the role of judges under the unconstitutional
In Locke's conception, a proper government consists of three distinct and separate powers, the legislative, executive and federative power of the commonwealth. The legislative power, have the authority over how the force of the commonwealth shall be employed. The executive power, is in charge with enforcing the law as it applies to certain cases. The federative power consists of the right to act internationally, according to the law of nature. Locke advocated separation of powers and believed that revolution is not only a right but an obligation in certain
The ruling also made it so states could not tax the federal government. The supremacy clause of the ruling deal with the fact that “the people of all states had entrusted the national government with the power to tax and create laws. Since federal institutions are entrusted with power by the people of several states, individual states do not have the power to tax federal government institutions or otherwise place limits on Congress.” (Bardes 2.4a ln 21-25). This decision made it clear that states held the power to taxes within their own boundaries. McCulloch v. Maryland set the standard for the role of the states in relation to the federal government when it came to national
“The accumulation of all powers..in the same hands, whether of one or many (is) the very definition of tyranny.” (James Madison, Federalist Paper #47, 1788) ( Background Essay) This quote explains the reasoning for one of the framers, (B) Separation of Powers. The framers of the constitution were created to prevent tyranny and create a stronger government that would hold the nation together. Tyranny ultimately means harsh, absolute power in the hands of one individual-- like a king or dictator. The constitution guarded against tyranny in 4 ways: (A)Federalism, (B)Separation of Powers, (C)Checks & Balances, and (D)Small State-Large State. First of all, Federalism in the constitution helps guard against tyranny.“The different governments will
In order for the colonists not to rebel against the government it has to protect their rights and be a good type of government,some principles of a strong government are that all men must be created equal,must have national sovereignty,natural law,popular sovereignty and self-evident truth.Popular Sovereignty meant that the government was ruled by the people and that they were the source of all political power.All men are created equal meant that this included everyone in humanity,this was an important part of the European enlightenment philosophy.National Sovereignty was a supreme and absolute kind of power which state governs,it does everything possible to govern itself.Self- evident truth means that it 's simple and clear for anyone to see. Parliament began treating colonists unfairly and did not give them the same rights as Englishmen which were basic legal claims established over time, that all subjects of the English monarch were understood to have. They included the right not to be kept in prison without a trial and the right to trial by jury.Thomas Jefferson got influenced by Aristotle, which was a philosopher he believed that each person should pursuit
Thus, pertaining to the issue of reapportionment, John Mackenzie wrote an article “Gerrymandering and Legislator Efficiency” it states that in the Constitution, there is nothing that says states need to draw district 's boundaries based on their representatives.Nor does it discuss the Constitution providing any right to proportional representation . Furthermore, in the issue of reapportionment relating to the Evenwell case, this case raises the issue of voter inequality pertaining to how a vote should be considered. Sue Evenwel, suggests in her appeal that the state of Texas should use a method known as the Citizen’s Voting Age Population. Unlike the traditional method that Texas government uses, that considers everyone a voter including those who are not citizens and of age to vote in the total population. This method depending on the district you live in can affect your vote in numerous ways.
The constitution is a necessary part of the nation as it represents the progress of the colonies turning into states. It takes away the power from the monarchy, it protects the rights to a certain extent, it has taken out the racial views and it can always be changed. Before the constitution, the monarchy had all the power. The document created how the political parties would carry out the laws of the nation. The constitution is a well performing document that created how the law system works