...Question II: Partisan Gerrymandering The political question in regards to partisan gerrymandering is whether or not it is a justiciable political question or a nonjusticiable political question. Should the judiciary be able stay out of partisan gerrymandering because of the lack of standard in regards to a constitutional violation set by the Courts, or if the judiciary should review such claims to correct a problem in the political process? Supreme Court Justices have gone back on forth on the issue many times. In Veith v. Jubelierer, the Court dismissed a challenge to partisan gerrymandering and a plurality said that much suits are inherently nonjusticiable political questions. Veith has set the standard for how Courts should interpret partisan gerrymandering, but this does not mean that all cases should immediately be dismissed. A majority of Justices said that such challenges can be heard if there is a manageable legal standard. However, Justice Scalia and Thomas always think that partisan gerrymandering is a nonjusticiable political question....
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...Excessive Use of Signing Statements Ever since the founding of the United States, many changes have occurred within the executive branch of the United States government. One of the roles of which the executive branch has changed is the president’s power of issuing Signing Statements. Signing Statements have been around since the beginning of the U.S. constitution. At first it was seldom used, but as time went by it has become more and more commonly used. A Signing Statement is a form of written pronouncement by the president of the United States before he or she sign a legislation into a law. Most of the time, signing statements were used for commenting on the legislation on how it was good and how it was beneficial. It became controversial over time as many signing statements involve presidents ignoring some part of the presented legislation and make it better by what he or she thinks is constitutional. Some people say that the president is limited to the right to veto the legislation as shown under Article I, section 7 in the constitution or to “faithfully execute” the laws under Article II, section 3 of the Constitution. It is in theory that other government executives are capable of issuing signing statements, but no records show another person other than the president doing so. The initial use of the signing statement can be traced back to the fifth president of the United States. The first president to issue a signing statement was James Monroe. James Monroe didn’t...
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...sadExercise 1 B. Which Field of political science is associated with each of the following items? 1. The influence of geography, population, and resources on a country’s politics. – GEOPOLITICS 2. Actual management of the affairs of the state by the executive, judicial, and legislative branches of government – PUBLIC ADMINISTRATION 3. Development of ideas relating to the origin, form, behavior and purposes of the State – POLITICAL THEORY 4. Structure and functions of national and local government units – GOVERNMENT 5. The interplay of societal forces influencing political actions and decisions – POLITICAL DYNAMICS 6. Description and analysis of the similarities and differences among states – COMPARATIVE GOVERNMENT 7. Principles governing and regulating the relationship and conduct of states – INTERNATIONAL RELATIONS 8. The vital role of law-making bodies in rule making – LEGISLATURE 9. The exercise of the regulatory function of government affecting the national economy – GOVERNMENT AND BUSINESS 10. Constitutional and legal principles governing governments and individuals as they relate with one another – PUBLIC LAW C. Which image of politics in the Philippines is associated with each of the following? 11. Predetermined decisions and actions of the men and officers of the AFP to influence government decisions - GAME OF THE GENERAL POLITICS 12. Decision-making by Bro. Eraño Manalo and Mike Velarde with important political...
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...revive the concept of the Guidelines (GBHN) to guide development planning as it was once used under the New Order regime. The desire was based on the view that the current development planning has led to much turmoil, collision and no sustainability. This paper describes the Guidelines used for development planning in the reform era called Long Term Development Plan (RPJMN) is somewhat similar to the Guidelines (GBHN) in the perspective of theory of modernization development. Therefore, chaos, development planning collision is actually not caused by the absence of the Guidelines itself, but rather on the changes of the state power system into more horizontal system so that no state agency is able to fully control the development planning from the center down to regions, something which was done well in the era of the New Order. Keywords: GBHN, RPJMN, Modernist, Development. During a political debate in Jakarta late March 2014, the 3rd President of Indonesia, BJ Habibie recalled the importance of having a Broad Guidelines of State Policy (GBHN) to be revived1. In late January 2014, at a meeting with Golkar Party cadres, Habibie also reminded the same thing. "We are aware, in the absence of such Guidelines the development in Indonesia will not run well on the long run. So, I want to say, to the entire cadre Golkar, please promise me that we would make correction to the 1945 Constitution.", said Habibie2. Such a longing to bring back the old Guidelines into the contemporary setting...
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...- Saturday ~ 08:16:39 AM MANILA, April 22 (PNA) – The Supreme Court (SC) has declared unconstitutional two presidential acts for the creation of trust funds for farmers in connection with the controversial coco-levy funds. In a 23-page decision written by Associate Justice Roberto Abad, the SC ruled as illegal Executive Order 312, which sought to establish a P1-billion fund from the assets acquired using coco-levy funds and Executive Order 313, or the creation of an irrevocable trust fund known as the Coconut Trust Fund, which also directed government lawyers to exclude the 27 percent shares of the Coconut Industry Investment Fund (CIIF) in San Miguel Corp. (SMC) from the coco-levy case of former Ambassador Eduardo “Danding” Cojuangco, Jr. With a unanimous vote of 11 justices, the SC granted the petition of farmer groups, led by Pambansang Koalisyon ng mga Samahang Magsasaka at Manggagawa sa Niyugan in declaring EOs 312 and 313 as void. Associate Justice Antonio Carpio took no part since he is also one of the petitioners in the case. Also inhibiting from the case were Associate Justices Teresita Leonardo-De Castro and Diosdado Peralta since they have decided an interrelated case. EOs 312 and 313 were creations of then President Joseph “Erap” Ejercito Estrada. “But, given that the provisions of EO 312 and 313, which was already stated invalidly transferred powers over the funds to two committees that President Estrada created, the rest of their provisions became non-operational...
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...Test 1 (Ch 1-2) ANSWERS | Judge J. D. Langley | Govt 2305 | | 1. Ch01-001-p002 The Jamestown settlement was funded by c. The London Company. 2. Ch01-002-p004 The Preamble to the Constitution begins a. "We the People . . ." 3. Ch01-003-p005 Which of the following is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled...
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...Constitution From Wikipedia, the free encyclopedia 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 writtenconstitution; 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 Conventionof 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...
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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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...there two chambers?) 1. Practical Reasons ▪ Came from the Great Compromise 2. Philosophical Reasons ▪ To keep power spread out and dispersed • House of Representatives o Representation based on population o 435 Total o 2 year terms o Seats are reapportioned every ten years because we get the census back every ten years. o Entire membership elected in November of even number years. • Senate o 2 Per state o 100 total o 6 year terms that are staggered ▪ Staggered means that only 1/3 of the seats are up for election in each two year election cycle. This is so that it does not change radically in one election. o This means one third elected in November of even numbered years. • Congressional organization: o Leadership – the political parties work through the leadership structure of congress because the leaders of the majority political party are, at the same time, the leaders of the House and the Senate. ▪ Leaders (know the top posts) • Leadership in the House o The speaker of the house- the person who is recognized in the constitution and stands second in the line of succession to the president, after the vice president. o Nancy Pelosi from 2007-2010 o Todays speaker...
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...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed by the BAR COUNCIL OF INDIA and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - SEMESTER 1 (MONSOON) PER WEEK CORE COURSE 101 SUBJECTS Law of Tort including MV Accident And Consumer Protection Laws Criminal Law Paper – I (General Principles of Penal Law) Criminal Law Paper – II (Specific Offences) Law of Contract Special Contract Constitutional History of India Use of Law Journals and Legal Software LECTURES 4 OTHERS 1 TOTAL 5 CREDITS (SEM)29 5 CORE COURSE 102 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATION 106 F SOFT SKILL 107 K 4 4 4 4 1 1 1 1 1 1 1 1 5 5 5 5 2 2 5 5 5 5 2 2 1 Semester – I Monsoon Semester CORE COURSE 101 : LAW OF TORT INCLUDING MV ACCIDENT AND CONSUMER PROTECTION LAWS Objectives of the course : With rapid industrialization, tort action came to used against manufacturers and industrial unit for products injurious to human beings. Presently the emphasis is on extending the principles not only to acts, which are harmful, but also to failure to comply with standards that are continuously changing due to advancement in science and technology. Product liability is now assuming a new dimension in developed economics. In modern era of consumer concern of goods and services, the law of torts has...
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...based on the ‘separation of powers’. The United States is a presidential democracy; its political framework is based on the separation of powers between the executive, the legislative and the judicial branches of government. This is in contrast to a parliamentary democracy where there is a fusion of powers between branches of government 1. It is often argued that a parliamentary system of government based on a fusion of powers is a more effective form of government, particularly when legislating. Although this may be the case, the US political system has overcome issues faced by most parliamentary democracies such as elective dictatorships and poor scrutiny of the executive. This has been due to the structure of the US political system based on the separation of powers. In this essay I will assess the positive and the negative aspects of the US political system. I will evaluate the advantages and disadvantages the separation of powers has brought to the US system of government. I will first assess the positive aspects of the US political system. I will then discuss the negative aspects of the US political system, finally drawing a conclusion. The ‘separation of powers is a central structural feature of the United States constitution’ 2. The US political system was designed first and foremost to prevent tyranny, something the founding fathers still feared even after America had gained independence from British rule. When writing the US constitution, the founding fathers were...
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...“Amendment of Bangladesh Constitution and Basic Structure Doctrine” 25. Nov, 2010 Introduction: The Constitution of Bangladesh is the highest ruling of Bangladesh. It represents Bangladesh as a democratic republic nation where all the power is in the hands of Bangladeshi people[1] and characterizes basic political principles of the state and stands for the fundamental rights of citizens. It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from December 16, 1972. The constitution stands as the most powerful evidence to state Bangladesh as a unitary, independent and Republic, founded on a struggle for national liberation, and that is how we achieve the People’s Republic of Bangladesh. It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely invalid...
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...SEPARATION OF POWER: A COMPARATIVE STUDY INTRODUCTION The research topic deals with the concept of „the separation of powers. The researcher would like to highlight the concept of separation of powers and then gradually comes to the point separation of powers in England and US. After that the researcher would like to articulate the separation of powers in India. The doctrine of “the separation of powers” as usually understood is derived from Montesquieu whose elaboration of it was based on a study of Locke’s writings and an imperfect understanding of the eighteen century English constitution. Montesquieu, a research scholar, conceived the principle of separation of power. He found that concentration of power in one person or group of persons resulted in tyranny. He therefore, felt that the governmental power should be vested in three organs, the legislature, the executive and the judiciary. The principle can be stated as follows: (1) Each organ should be independent of the other; (2) no one organ should perform functions that belong to the other. Lock and Montesquieu derived the contents of this doctrine from the developments in the British constitutional history of the early 18th century. In England after a long war between parliament and the King, they saw the triumph of Parliament in 1688 which gave Parliament legislative supremacy culminating in the passage of the Bill of Rights. This led ultimately to recognition by the King of legislative and tax powers of Parliament...
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...operational irritants to Centre State Relations springs in administrative sphere & they have led to most slanderous accusation against executive functionaries and decision makers. It is an area in which seemingly detailed provisions of the Constitution have not helped much. In the modern administrative age, administration plays a very significant role by way of enforcing the law of promoting socio-economic welfare of the people. The pattern of administrative relationship between the Centre and the State, therefore, assumes a great significance in developing country like India. The Indian Constitution contains more elaborate provisions regarding the administrative relation between the Centre and the States than are to be found in any of the three federation of the U.S.A., Canada and Australia. The Constitution lays down a flexible and permissive and not a rigid scheme of allocation of administrative responsibilities between the Centre and State. The scheme is so designed as to permit all kind of co-operative administrative arrangement between the two levels of Government. It is notable, however, that though legislative and judicial power is defined by the Constitution, this is not the case with the executive in our Constitution. Some Constitutional experts like Wade & Philips, try to define executive functions by including in it "not only the direction of national policy, but also the execution of effectuation that policy by administrative acts." The executive functions...
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...‘she could not make significant progress in consolidating her democratic institutions.’1 Over the years Bangladesh has gone through a phase of ‘illiberal democracy’ with the politicians behaving autocratically, rewarding political supporters and punishing the opposition. Partisan, financial and personal interests curbed the bureaucracy, judiciary, police or even the legislature.2 Disorder became the order, irregular the regular, and Machiavellism the political culture.3 On the other hand, the concept of separation of power has got a violent blow in the Constitution of Bangladesh. What the Constitution has done can very well be described as ‘assignment of powers’ of the Republic to the three organs of the Government.4 Concentration of power in the hands of Prime Minister resulted in paralyzing both the judiciary and legislature with leviathan omnipotence of the executive. Today’s Bangladesh may well be termed a ‘one legged state’ while the theory of separation of power contemplates a three legged one. Much water has already flown by and considerable amount of silt has filed up on this issue. Someone sought overnight purified democracy ‘suitable to the genius of the people of Bangladesh’ while some other relentlessly asserted their absolute faith in West Ministerial Democracy and advocated for going slow, giving democracy a chance – to learn from trial and error. Senior Lecturer, Department of Law, Northern University Bangladesh (NUB), Dhaka. E mail: jashim.chy@gmail.com 1...
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