...government interference. The right is to pursue the life you want, not to have the goodies of life gifted to you by the government. This is but nice promise designed to elect politicians who promise the gift of such benefits if elected but ultimately not affordable because people will be lazy if they get handouts. Human nature demands that benefits be earned in order to be appreciated and to prevent the decay of the spirit of work, self reliance and pride that comes from earning out own way. Giveaways diminish that spirit and can destroy the self respect of those who come to rely on handouts to get what they need in life to survive. As to the constitution, our government is designed with three branches and the judicial branch represented at the top by the Supreme Court is a check on the politicians making rules that violate our constitution. To live in a world where we could all have healthcare, a place to live, financial security, a car and new clothes without ever having to work is a utopian existance but ultimately not sustainable in the long term except for the macro-financially illiterate. Unfortunately we live in a world where all able bodied citizens need to contribute through work to create the goods and...
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...The Patriot Act Vs The United States Constitution Khadija Nurul Hasan Chaffey College The Patriot Act Vs The United States Constitution The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism” Act, or Patriot Act was passed on October 24th, 2001 with almost all legislators in favor of it. The terrorist attacks on the Pentagon and the World Trade Center on September 11, 2001, sparked a nationwide desire for heightened security and increased abilities for law-enforcement agencies to track and stop terrorists. Thus, the Patriot Act was created in response, and passed with the aim of battling terrorism. However there are always two sides to any passing of a political law: those who support it and those who oppose it. Those who support the Patriot Act have consistently countered that the provisions of the Act are necessary to protect the people from future terrorist attacks, and that the law does an adequate job of protecting individual civil liberties; while those who oppose it argue that the Act is an egregious assault on individual liberties as it violates their constitutional rights. The hypothesis of this paper is to dissect and analyze Sections of the Patriot Act to see if they are in violation of the United States Constitution. Specifically the paper will analyze Sections 505, 215 of the Patriot Act to see if they violate the Constitution. The first violation in question comes from Section 505 of...
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...Online Anonymity: A Canadian Perspective This paper discusses the methods Canadian law enforcement and national security agencies may use to intercept communications traffic and request the identification of online users from Internet Service and Content Providers under the current Canadian data preservation orders at the federal and provincial level. The safeguarding of online privacy against state intrusion has been of particular concern to the Canadian courts in determining the validity of surveillance measures, due to the inequality of power in the relationship between citizens and the state, and the resultant vulnerability of individuals to state abuses of power. The Canadian Supreme Court has specified three types of privacy: territorial, physical and informational. The Court accepted that the idea of online privacy derives from the presumption that all online data about a person is in a fundamental way, his own. 'privacy, including online privacy, is grounded in man's physical and moral autonomy and is essential for the well-being of the individual'.1 In Lawson Hunter et al. v. Southam Inc., 2 the Supreme Court declared that a major purpose of the constitutional protection against unreasonable search and seizure under section 8 of the Charter of Rights and Freedoms 3 was the protection of the privacy of the individual. The case included a constitutional challenge to a search ordered under the Competition Act4. The Court concluded that to validate the constitutionality...
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...Cultural Protectionism (Human Geography) What are the benefits/costs of cultural protection of secularism in Canada? Should government enforce cultural protection of secularism? The government of Canada should accept all forms of cultural and religious regalia instead of imposing restrictions on symbols, garbs, veils, turbans, and kippahs, worn in public sector workplaces. Canada's cultural protection of secularism have remained fairly good through the federal government's experience but with little criticism compared to Quebec's recent controversy with Bill 60. This bill is a perfect example as to why Canada doesn't need a new legislation. Bill 60 initially planned to ban religious wearing from public places, educational institutes and jobs. Canada is a multicultural nation with a diverse range of cultural and religious groups that seamlessly work together in many different environments. To simply ban religious regalia would be huge for Canadian citizens that make up majority of public sector workplaces. The benefits of a cultural protection of secularism are usually created to protect cultural values, traditions, languages and identity. For example, Bill 101 in Quebec was passed to protect the French language. Most recently Bill 60 became very controversial and received a lot of criticism. The bill intended to adjust Quebec's Charter of Human Rights and Freedoms, develop neutrality amongst all state employees in workplaces, restrict wearing religious symbols, make...
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...Consumers’ Right Protection Act, 2009 (Act No. 26 of 2009) 6th April, 2009 An Act to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith. Whereas it is expedient and necessary to make provisions for the protection of the rights of the consumers, prevention of anti-consumer right practices and for matters connected therewith; It is hereby enacted as follows Chapter I Preliminary 1. Short title and commencement: (1) This Act may be called the Consumers’ Right Protection Act, 2009. (2) It shall come into force at once. 2. Definitions: In this Act, unless there is anything repugnant in the subject or context- (1) “Directorate” means the Directorate of National Consumers’ Right Protection established under section 18; (2) “Complaint” means any allegation made in writing by a complainant to the Director General against any seller for any anti-consumer right practice under this Act. (3) “Complainant” means the following person or persons who make any complaint under this Act, namely: (a) any consumer; (b) one or more consumers having same interest; (c) any consumer association registered under any Act; ...
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...The British constitution is becoming increasingly codified. Discuss. (25 marks) The British constitution as it stands is currently an uncodified constitution, this means that the basis of the UK consititution is drawn from a number of several different cources, some of which are written and some of which that are not,for example the main sources of the British constitution are: major consititutional documents, works of authority, conventions, statute law, European law, and common law. There is no one singular written constitution. This would be a codified constitution where all of the laws and rules of authority are written in one unified document, this form of constitution is, for example, within use in the USA. Although the British constitution is an uncodified one presently, it can be argued that it is becoming increasingly codified for several reasons. One of these reasons is due to the effects of our membership as a country in the EU, as of 1973. One of the effects that took place in UK politics after joining the EU was the introduction of the 1998 Human Rights Act. This would enshrine the already present convention within UK law, but would also effectively replace much of the common law within respect to various freedoms for the countries population, (for example the freedom from arrest without trial, which would later result in tension over terrorism and attempted terrorism, and the freesom of speech assembly). The introduction of the Human Rights Act in the UK increased...
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...sovereignty, once the dominant principle of the UK Constitution, is now under considerable pressure. Discuss this statement with reference to the UK’s membership of the EU, the devolution acts of 1998, the Human Rights Act 1998 and recent judicial comments on the Rule of Law. "Certainly we want to see Europe more united… but it must be in a way which preserves the different traditions, parliamentary powers, and sense of pride in one's own country." Margaret Thatcher Over the course of the years many prominent figures such as politicians and academic writers have been concerned with the diminishing of Parliamentary sovereignty. “Parliamentary sovereignty is a principle of the UK constitution. It makes Parliament the supreme legal authority in the UK, which can create or end any law. Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.” Historically, due to the lack of a single codified constitution in the UK, the Westminster Parliament is the most powerful and influencing factor on the British political frontier. As opposed to America where the constitution dominates US politics, and legislation can be deemed unconstitutional and revoked by the US judiciary. However, since further integration into Europe incorporating The European Communities Act 1972, The Human Rights Act 1998, European Conventions on Human Rights and devolving...
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...The British constitution has become increasingly codified, discuss. A constitution is a set of rules that defines the manner a country is run. The British constitution is said to be an unwritten constitution, more accurately it is uncodified as much more of the British constitution is written down, however, they are not all written down in a single document like a codified constitution would require as how the US is, however draws from several different sources such as; statutes laws, common law, conventions, EU laws, authoritative documents etc. Statute law, is a written law passed down by parliament for example the human rights act of 1998 which brought the European convention on human rights into British law, conventions is another source of the British constitution, they are unwritten laws considered binding on members of the political community for example the Salisbury convention which made sure that the house of lords does not obstruct proposals contained in the governments most recent manifesto. Has the British constitution become increasingly codified? Its not the case that the British constitution is being written in a single document but in fact that more of the constitution is being written down as there is increasingly more written statutes that have great constitutional impacts as they are passed by parliament making them more rigid therefore harder to change as parliament has ultimate sovereignty, however you could say the EU laws are exempt from this,...
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...Constitution Notes What is a constitution? * A constitution is a body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed. * A ‘constitutional govt.’ is a govt. that functions according to rules laid down in a constitution * Unconstitutional behaviour is anything that falls outside the accepted rules and norms of the political system Codified or uncodified? Types of constitutions | Codified | Uncodified | A codified constitution is when the laws, rules and principles specifying how a state is to be governed are set out in a single legally entrenched constitutional document. | An uncodified constitution is when the laws, rules and principles specifying how a state is to be governed are not set out in a single legally entrenched document but are found in a variety of sources such as statute law and EU law. | Should the UK adopt a written constitution? | Yes | No | 1. Provides greater clarity on what is or is not constitutional. 2. Citizens’ rights are better protected. 3. Fundamental laws and rights would be entrenched. 4. Would provide increased reliability and certainty for citizens and government. 5. Places limits on the power of the executive and politicians. | 1. Would end the flexibility of the current UK constitution which would make the laws of the land harder to adopt. 2. Laws would become difficult to amend. 3. Gives too much power to the...
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...blueprints for changes to the constitution. Professor Blackburn's three ideas are; A Constitutional Code, A Constitutional Consolidation Act and A Written Constitution. Firstly, A Constitutional Code would be a document sanctioned by Parliament, but without statutory authority, and which would set out the essential existing elements and principles of the constitution and the workings of government. Due to the fact that the document doesn't have statutory authority therefore it is not statute, and so it is not written down and has not been approved by a legislator. A Constitutional Consolidation Act: this would be a consolidation of existing laws of a constitutional nature in statute, the common law and parliamentary practice, together with a codification of essential constitutional conventions. As the constitution would be statute this means that it is an act of Parliament and if it were to contradict with a convention or common law, the Consolidation act would dominate. This blueprint would also involve constitutional rules which are based on common law. For example, the formal powers of the crown, royal prerogative, would be statute rather than common law. The third and final blueprint is a Written Constitution. This would be a document of basic law by which the United Kingdom would be governed, setting out the relationship between the state and its citizens, an amendment procedure and elements of reform. By having a written constitution, everyone would know what are...
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...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
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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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...have a codified constitution? A constitution is a set of rules that seek to establish the duties, powers and functions of government. Constitutions can be uncodified, like the UK’s at the moment, or codified in the case of the USA’s for example. A codified constitution is authoritative, entrenched and judiciable, everything that an uncodified constitution isn’t. On the one hand there are many arguments supporting the view that the UK should adopt a codified constitution. If a codified constitution were introduced, the key constitutional rules would be collected together in a single document, and they would be more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. A codified constitution would create less confusion about the meaning of constitutional rules and greater certainty that they can be enforced. A second argument supporting a codified constitution is limited government. A codified constitution would cut government down to size. A codified constitution would effectively end the principle of parliamentary sovereignty and subsequently elective dictatorship. Elective dictatorship is a constitutional imbalance in which executive power is abused to allow governments to win elections. In the UK, it is reflected in the ability of a government to act in any way it pleases as long as it maintains control of the House of Commons. It would not be possible for government to interfere with the constitution due to the existence...
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...The UK needs a codified constitution: A constitution is a set of laws, rules and practices that authorize the state to govern, also specifying the powers of the governing institution and the formal relationships between them, civilian and the state. There are numerous types of constitution. Constitutions could be codified and uncodified, unitary (Centralized government makes legislation, and passes it down through local authorities) or federal (Power travels up through regional bodies to the centralized state.) The United Kingdom is unique in other words there are just 4 nations around the globe that have a written constitution and the UK is one of them. The others being Israel, Canada and New Zealand. On the other hand the USA is an example of a codified constitution. A codified constitution is a constitution in which key written documents are gathered inside a single document, it is generally known as a written constitution. Additionally they are entrenched, enjoying the protection of higher court. Moreover in a codified constitution laws can only be amended by special provisions. Therefore making it rigid, in other words it is extremely difficult to pass laws in a codified constitution. Alongside this, an uncodifed constitution relies on various sources meaning it is not written down in a single document, this is in contrast to a codified constitution where all the laws are to be found in one single document. In addition an uncodified constitution is not entrenched and...
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...The UK's constitution is uncodified and only some parts of it are entrenched. Many people feel that the UK constitution works very well without it being condified, whereas other feel there are too many weaknesses towards the constitution and therefore, the constitution doesn't work as it should do. There are many strengths and weaknesses within the constitution. Due to the UK constitution being uncodified, it brings the strength of it being flexible meaning it can change or adapt due to changing circumstances. Another strenght is that it is really democratic meaning that we as a society are included in the law changing. Effective government is also a strength because it means that decisions and laws are made quickly, and also the history of the constitution is the strength as it links the present generations to the past generations. However, there are also weaknesses of the constitution, including uncertainity as it is sometimes hard to know what the constitution says. Elective dictatorship and the centralisation are also a weaknes because people argue that too much power is centralised into the PM (Prime minister) and the cabinet. This brings us to the weak right protection as the constitution is provided with weak protection for laws and rights. I will now talk about this in more detail. UK's constitution is uncodified, meaning that it is not written down in a single document, unlike US's which makes it harder for them to change any laws or rights. Therefore, the strength...
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