...of the Government Learning Team D HIS 301 Professor Bruce Franklin Branches of the Government “Historically, the concept of Separation of Powers dates back as far as ancient Greece. The concepts were refined by contemporaries of the Framers, and those refinements influenced the establishment of the three branches in the Constitution” (Mount, 2014). The idea of a separation of powers first appeared in the political philosophy of Montesquieu. He advocated for a government where each branch had clear cut rules on what they could and could not do. This idea of a separation of government, or a government that was for the people would be perpetuated by other philosophers throughout the Enlightenment era. The founding fathers sought to create the United States government in the same way. Each branch is empowered with distinct powers. The government is set up this way in order to prevent abuse of power. Each branch is able to exercise a form of control over each other. Within the constitution are articles. Within each article, it outlines the separations of powers for each branch of the government. Article one outlines The Legislative. Which is made up of The Senate and the House of Representatives Article two is composed of The Executive branch. This entails the President, his Vice-President and the state departments. Article three explains the judicial branch. This also covers federal and the Supreme Court. With this kind of system in place, it creates a kind of safety net...
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...to the constitution, in summary, explains to us the law of the land, the Declaration of Independence, however, declares the separation of the colonies from British rule. I find the Declaration of Independence more compelling because it was the beginning of the United States government and its people. Provoked by all the harsh treatment from the British king, our founding fathers learned from the tyranny of British rule and decided to create their own government using the Declaration of Independence as their first step to freedom. To which the philosophy and ideas of our nation’s government is prescribed; the Declaration of independence states one of their ideas by saying, “That whenever any form of government becomes destructive of these ends it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”...
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...443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the economic adversity of the country? But it turns out that you can, in law and in fact, possess or own those items. Imagine yourself as a principal of Secondary School in Lagos State. The host community of your School wrote a petition against you to the Ministry of Education. Acting on the petition, the Ministry indefinitely suspended you and later retired you compulsorily. How about a...
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...For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a written constitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Convention of 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117,369 words in its English-language translation,[5]...
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...Montesquieu: Political Philosopher and His Views and Thoughts Montesquieu: Political Philosopher and His Views and Thoughts MONTESQUIEU Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, was born on January 19th, 1689 at La Brède, near Bordeaux, to a noble and prosperous family. He was educated at the Oratorian Collège de Juilly, received a law degree from the University of Bordeaux in 1708, and went to Paris to continue his legal studies. On the death of his father in 1713 he returned to La Brède to manage the estates he inherited, and in 1715 he married Jeanne de Lartigue, a practicing Protestant, with whom he had a son and two daughters. In 1716 he inherited from his uncle the title Baron de La Brède et de Montesquieu and the office of Président à Mortier in the Parlement of Bordeaux. For the next eleven years he presided over the Tournelle, the Parlement's criminal division, in which capacity he heard legal proceedings, supervised prisons, and administered various punishments including torture. (Shklar, 1987) In 1721 Montesquieu published the Persian Letters, which was highly successful and made Montesquieu known by literary scholars. During this period he wrote several minor works: Dialogue de Sylla et d'Eucrate (1724), Réflexions sur la Monarchie Universelle (1724), and Le Temple de Gnide (1725). After visiting Italy, Germany, Austria, and other countries, he went to England, where he lived for two years. He was greatly impressed with the English political...
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...Unit I - The Uneasy Constitutional Location of Agencies in the Executive Branch Unit One in a nutshell: Types of Agencies: - Departments - Independent (article I courts) - Other (mistretta, sentencing guideline commission, etc.) Presidential power - Removal (Meyers, Humphreys) Separation of powers - Mistretta at pg. 19 Non-delegation - J.W. Hampton, Mistretta at 15. APA design; three functions of agencies: 1. make rules 2. adjudicate 3. gather information There are not very many legal issues with information gathering, so the class will not focus on it. Rule making and adjudication is done formally and informally | |Rule Making |Adjudication | |Formal |§ 553 |§ 554 | |Informal |§ 553 |§ 554 | Rulemaking = making little laws. Same effect as anything congress passes. Adjudication = making an order Introduction to Administrative Law - F&S pp. 1-22 The Administrative Procedure Act - Act, Chart and Sample Rule The Grouper Handout and the APA §553 §553 doesn’t say where the rule comes from (i.e. employee of the U.S. or anything), but does say publish in the federal register. §553(b) §553(b)(1) - time/place/etc/nature. The grouper rule - March 4, 1992, to the mailroom, by mail = time, place, nature. Does this constitute...
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...Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political power. Chapter Outline 2 I. Section 1: Government and the State A. Definition of...
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...question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What criticism is David Cameron making of Tony Blair’s style of decision making in source 1? [5] (b) Explain the main functions of the cabinet [10] (c) To what extent have UK Prime Ministers become “presidential”? [25] Or 2 QUESTION TWO THE...
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...8. * A legal profession divided formally or informally into solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could exist, separate from the common law and based on indigenous customary law. Other forms of recognition are ad hoc, but do exist: * Criminal justice system in NT carried out on a customary basis rather than common law in certain...
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...Jump to navigation Search Cornell Search About LII / Get the law / Lawyer Directory / Get Legal Forms / Legal Encyclopedia / Help Out • • Wex • all pages • articles • español • Inbox Project • search • FAQ Legal systems Introduction: profusion and variety There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures. At the national level there are over 180 sovereign states in the United Nations Organization. Many of these are federal or confederal, and their constituent parts may well have their own law. But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals...
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...DOES JESUS BELONG IN PARLIAMENT? AN EXAMINATION OF FREEDOM OF RELIGION PROVISIONS IN PUBLIC BODIES IN NEW ZEALAND, CANADA, AND THE UNITED STATES by ELIZABETH G. FOX 28 August 2009 1 I INTRODUCTION New Zealand does not have a state religion in the way that other countries do.1 The Church of England, for example, has its doctrine and prayer book ratified by Parliament and has the Queen as supreme authority over both ecclesiastical and civil matters.2 However, the central legislators of this country listen to the Speaker of the House open each Parliamentary session with the following prayer.3 Almighty God, humbly acknowledging our need for Thy guidance in all things, and laying aside all private and personal interests, we beseech Thee to grant that we may conduct the affairs of this House and of our country to the glory of Thy holy name, the maintenance of true religion and justice, the honour of the Queen, and the public welfare, peace, and tranquillity of New Zealand, through Jesus Christ our Lord. Amen. Is this appropriate in a country that professes no state church and the tolerance of all religions equally?4 Religious content has historically infiltrated governing and administrative bodies. However, with the cultural disestablishment of Christianity and the emergence of toleration for all faiths, there continues to be the presence and preference of a small set of religions by the State. The degree to which religion interacts with the State varies with...
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...CSS 105 COURSE GUIDE COURSE GUIDE CSS105 INTRODUCTION TO POLITICAL SCIENCE Course Developer Dr. Derin K. Ologbenla University Of Lagos Akoka – Lagos. Dr. Derin K. Ologbenla Course Writer University Of Lagos Akoka – Lagos. Course Co-ordinator Dr. Godwin Ifidon Oyakhiromen National Open University of Nigeria Lagos. NATIONAL OPEN UNIVERSITY OF NIGERIA ii CSS 105 COURSE GUIDE National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Annex 245 Samuel Adesujo Ademulegun Street Central Business District Opposite Arewa Suites Abuja e-mail: centralinfo@nou.edu.ng URL: www.nou.edu.ng National Open University of Nigeria 2006 First Printed 2006 ISBN: 978-058-434-X All Rights Reserved Printed by Goshen Print Media Ltd For National Open University of Nigeria iii CSS 105 COURSE GUIDE Contents Introduction......................................................................... Aims................................................................................... Objectives........................................................................... Working through the Course.............................................. Course Materials................................................................ Study Units........................................................................ Textbooks and References.................................................. Assessment.......................................
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...deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions, and make them explicit. >> UNIQUENESS OF AMERICAN LEGAL SYSTEMS Briefly, there are four aspects of the American legal system that set it apart: 1) Inherited common law, existing out of three components: (a) judicial power; (b) civil jury trial; (c) law‐equity ; 2) Written Constitution and Bill of Rights; judicial...
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...P RAMCHANDRA RAO VS STATE OF KARNATAKA SUBMITTED BY K.SAI SHARAVAN KUMAR B.L HONS FIRST YEAR LEGAL METHODS INTRODUCTION There are altogether too many prisoners waiting trial in Indian prisons. As per the latest comprehensive statistics2 available on prisons in India, there are 1,93,627 undertrial prisoners as against 63,975 convicts constituting 71.2% of the total prison population in India. The range varies from a low of 12.1% in Tamil Nadu to a maximum of 98.7% in Dadra and Nagar Haveli. The Constitution of India, the Universal Declaration of Human Rights and the Standard Minimum Rules for Treatment of Prisoners clearly specify the standards of treatment with prisoners on trial. But realities in jails transmit an entirely different tune. Let us briefly examine the realities inside any prison. SPECIFIC PROBLEMS FACED BY UNDERTRIAL PRISONERS AND THEIR REASONS – Their Right to Speedy Trial as recognised by the Supreme Court in Hussainara Khatoon [I] vs. Home Secretary, Bihar7 is violated due to protracted delays. This delay is due to all kinds of reasons such as – * Systemic delays. * Grossly inadequate number of judges8 and prosecutors. * Absence or belated service of summons on witnesses. * Presiding judges proceeding on leave. * Remands being extended mechanically due to lack of time and patience with the presiding judge. * Inadequacy of police personnel and vehicles which prevents the production of all ...
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...Abstract India is a complex nation with a rich history and years of diversity. With the rise of the global economy over the last century, it is safe to say that the country has become a major multi-national player. Although outsourcing to India has been a trend since the early 90’s, the country also has a growing local economy that is primed for investment should the right opportunity arise. However, not just any company can invest in or partner with India. Because India is rich in tradition and very slow to change its views, it will take a savvy, experienced investor with a team of managers willing to take on the task of creating a successful partnership with a country whose past has been riveted with corruption and a caste system that tends to hold its citizens back from improvement. A Multi National Corporation (MNC), with the right resources, will be able to benefit from the positive attributes of the developing country while at the same time contributing to the reduction of poverty and improved lifestyle of local citizens. Q#1. What are the major elements and dimensions of culture in this region? Communication The dimensions of culture can be summed up in a few points: communication, religion, ethics, values and attitudes, manners, customs, social structures and organizations, and education. Beginning with communication is perhaps the most important aspect of culture for a business manager to address. In Cross Border Commerce, author Brian Satterlee quotes John...
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