Three Functions Of Government

1- “Separation of powers “concept summarized :

- there are three functions of government: legislative, executive and judicial. The powers are exercised respectively by three separately manned departments of government which are constitutionally equal and mutually independent .

- in any case, the legislative may not delegate its power. However, there is the concept of check and balances between the powers to ensure that each of them works for the benefit of the people.

- This could be seen as inconsistent with the separation of powers as the checking of one branch by another could be seen as an encroachment in the functions of the later. Like in “ presentment clause” that empowers the president to veto legislative bills . but , nevertheless

The difference between these legal systems comes out when a court overturns legislation on the basis of an interpretation of a constitutional clause where the interpretation is reasonable but still disputed by the legislature.

- Weak judicial review: any system which judges can review the consistency between legislation and rights, but in which ordinary legislative majorities retain the final word on the validity of all laws. As part of their review powers, judges may be given the mandate to prefer rights-consistent interpretations, the ability to declare the inconsistency between a law and rights, or even the power to suspend or strike down legislation ( subject to legislative override. Examples: UK and Canada

- Strong judicial review: any system in which judges can strike down rights-inconsistent legislation, and in which those judicial determinations cannot be overridden by regulative majorities. 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.

(b) The court can change its interpretation through informal common law development. (c) The legislature (or legislatures) can amend the constitution. A system of weak judicial review allows these three responses plus a fourth: (d) The legislature can simply pass the law again “notwithstanding” the constitutional clause or the court’s interpretation of the constitutional clause. Such an “in-your-face” statute becomes valid law in Canada, but not in the United States.

3- The differences between positive and negative rights

- positive rights, impose an obligation on some people to provide certain thing for others. In generally include all the traditional civil and political rights like :A positive right to a job ,a positive right to life (means that some people are obligated to pay for food or medical care for others who cannot pay for them). A negative right restrains other persons or governments by limiting their actions toward or against the right holder.

- Negative rights, are rights to act without interference. The only obligation they impose on others is not to prevent you from acting. It include all social, economic and cultural rights. Like the right to work, ( means that no one may prohibit your from working, or, for example, punish you for working without getting a government