The Constitution of India has been made the supreme law of the country and other laws are required to be in conformity with the Constitution. Any law which is found in violation of any provision of the Constitution is declared invalid. We have adopted the British System of Rule of Law. Absence of arbitrary power is the first essential of Rule of Law upon which our whole constitutional system is based. Governance must be by rule, and not arbitrary, vague and fanciful.
When the Bill of Rights was adopted into the Constitution it was became the fundamental rights of all citizens in 1791. Purpose of Document Finish A bill of rights is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against violation from public officials and or private citizens. The Bill of Rights was needed for the people to have their rights. In the 9th Amendment it states that we also have rights that aren’t mentioned or specifically listed.
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.
A constitution is a set of fundamental and entrenched rules governing the conduct of an organisation or nation, setting up its idea, character and structure. It is typically a short document general in nature embodying the aspirations of values of its scholars and subjects. (Business Dictionary, 2015). A constitution is a definitive power any action, which contradicts the rules of the constitution, will be both unconstitutional and unlawful. It helps to recognise the rights and freedoms of citizens through a bill of rights, which works both to protect citizens and to confine the power of the state.
The justices implied marriage as a fundamental liberty and established a law to protect it. When establishing law it is crucial and mandatory that it comes from elected officials that are following the wishes of their electorates. If the
It is strongly associated with the idea that citizens have the sovereignty that is acknowledged by the government. Historically, constitutional individual liberties that embrace the legal protection of life, freedom of opinion, and property rights are included in John Locke’s theory of property. In the Two Treaties of Government, Locke opposed the claim that God had made all people subject to a monarch because he believed that men are by nature free and equal. Whereas functionally, individuals freedom can only be achieved in a government operating under the secure rule of law where the state is bound to follow the effective law and acts according to clearly defined prerogatives. Therefore, individual liberties, rule of law, as well as an active and legally secured public sphere are important elements that can guarantee the principle of freedom.
Basic human rights, on the other hands, also play important role in the state just beside the national security. The protection and promotion of human rights, moreover, are assessed with the national security implementation and law practices in the country. The government nowadays feel obliged to protect both national security and human rights to every citizen of the state with no exception. By assessing national security and human rights protection, the state shall feel obligated in firmly implementing the policies related heavily to both as the priority of the country. The fact that the government has the obligation, the right and the duty to protect national security along with the human rights protection.
“the essential nature of sovereignty is the right to say yes or to say no.” -Crotty v An Taoiseach  IR 713, per Walsh J at 781 The 1937 Constitution of Ireland lays down the foundation upon which Irish law is structured and built on. In addition, it affirms the sovereignty of the Irish state and nation. The sovereignty of the Irish state and nation is a salient aspect of the Constitution and it refers to the idea of the complete legal and political authority of a governing body over itself, without the influences of external bodies. Walsh J’s view that “the essential nature of sovereignty is the right to say yes or to say no.” seems to be an accurate summarization of the principles of national and popular sovereignty to a significant
The courts would not invalidate any positive law on ground that it violates the contents of the Rule of Law. However, in A.D.M Jabalpur v. Shivakant Shukla . Popularly known as Habeas Corpus case, an attempt was made to challenge the detention orders during the Emergency on the ground that it violates the principles of the Rule of law as the “obligation to act in accordance with rule of law….. is a central feature of our constitution system and is a basic feature of the constitution”. Though the contention did not succeed and some justice even went on to suggest that during on emergency the emergency provisions themselves constitute the Rule of Law, yet if the reasoning of all the five opinions is closely read it becomes clear that the contention was accepted, no matter it did not reflect in the final order passed by the court. Therefore, even in spite of the unfortunate order to the effect that the doors of the court during an emergency are completely shut for the detenus, it is gratifying to note that the concept of Rule of Law can be used as a legal concept.
The current Australian flag does not represent us in the modern world, is a true statement for three main reasons.The flag lacks not only the ability to define us as a unique nation but is unidentifiable to others on the world stage. The reconciliation flag should be our flag as it involves symbols that recognises the multicultural background and the Indigenous people. Which flag symbolizes us as Australian citizens better? The reconciliation flag is a flag that successfully symbolizes a spirit of reconciliation and recognizes Australia 's heritage. Reconciliation is achieved in this flag by the successful use of Aboriginal and European colours.