...by a constituent assembly or granted by a monarch to his subjects like the constitution of Japan in 1889. 2. Cumulative or Evolved Like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate or formal enactment. As to their form: 1. Written One which has been given definite written form at a particular time, usually by a specially constituted authority called a "constitutional convention. 2. Unwritten One which is entirely the product of a constitutional evolution, consisting largely of a mass of customs, usages, and judicial decisions together with a smaller body of statutory enactments of a constitutional character, usually bearing different dates. The English Constitution is unwritten only in the sense that it is not codified in a single document. Part of it is written - The Acts of Parliament and judicial decisions. Indeed, there is no Constitution that is entirely written or unwritten. As to manner of amending them: 1. Rigid or inelastic One regarded as a document of special which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process. 2. Flexible or elastic One which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws. The Philippine Constitution may be classified as conventional or enacted, written, rigid or inelastic...
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...Constitution What is a constitution? • Set of rules seeking to establishing the duties, powers and functions of the various institutions of government • To regulate the relationships between and among the institutions • Define the relationship between the state and the individual, define extent of civil liberty Types of Constitution • Codified and uncodified o Codified – enshrined in law and based on 1 single authoritative document outlining powers of institutions + government, as well as a statement of the rights of citizen’s ▪ Document is authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system ▪ Provisions of it are entrenched, difficult to amend or abolish ▪ It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court. o Uncodified – increasingly rare, UK one of few ▪ Not authoritative, constitutional laws treated same as ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution...
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...governmanetal bodies. 4.It can be "re-interpreted" over the generations without having to be modified. ADVANTAGES: UNWRITTEN An unwritten constitution based on conventions has the advantage of being extremely adaptable or flexible. Since it is unwritten, it can be changed easily to deal with new situations. All that is necessary for the practises to be changed is for Parliament to agree that change is necessary. Old constitutional practises do not become 'millstones' that make it difficult to deal with changed circumstances. There is an entrenchment, but one that given democratic consensus may be more easily modified than as a written constitution. So long as democratic processes are in place and Parliament and the Judiciary act as elected guardians, then in many ways the British Constitution appears more fitted to reflect a changing world and changing circumstances. Unwritten Constitution changes to reflect the times in which we live. DISADVANTAGE: It carries risks. If a constitution is to place limits on government or to set out the parameters within which governments must operate, then the fact that it can be adapted by government whim can be problematic. Written constitutions can become set in stone. What was appropriate in the past may become anachronistic, outmoded and inappropriate today; but the mere fact of being written into a formal constitution may hinder or prevent a timely or rational change....
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...The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787. The Constitution is important because it was expressly designed to limit powers into three co-ordinate branches, the legislative, executive, and judiciary branch; none of which was to have supremacy over the others. This separation of powers with the checks and balances which each branch was given over the others was designed to prevent any branch, from infringing individual liberties safeguarded by the Constitution. I think the U.S. Constitution was a way for the U.S. to establish government which was a negotiation between the two former governments, a monarchy and total state power. I think by creating the checks and balances, people’s rights would be safer and they would feel more secure not having one branch of government with absolute power. What I found most interesting about the Constitution was how complex and detailed the framers made it, to effectively explain and limit...
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...CONSTITUTION OF THE PEOPLE'S REPUBLIC OF BANGLADESH 4th November 1972 PREAMBLE We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March, 1971 and through a historic war for national independence, established the independent, sovereign People's Republic of Bangladesh; Pledging that the high ideals of absolute trust and faith in the Almighty Allah, nationalism, democracy and socialism meaning economic and social justice, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the war for national independence, shall be fundamental principles of the Constitution; Further pledging that it shall be a fundamental aim of the State to realise through the democratic process to socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens; Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind; In our Constituent Assembly, this eighteenth day of Kartick, 1379 B.S corresponding to the fourth day of November, 1972 A.D., do hereby adopt, enact and give to ourselves this Constitution...
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...(UOI) and Ors. Hon'ble Judges: Harilal Kania, C.J., Saiyid Fazl Ali, Patanjali Sastri, Mukherjea and Das, JJ. Subject: Constitution Catch Words Mentioned IN Acts/Rules/Orders: Constitution of India - Articles 14, 19(1), 19(5), 31 and 32; Sholapur Spinning and Weaving Company (Emergency Provisions) Act, 1950 Citing Reference: McCabe v. Atchison Discussed Middleton v. Texas Power and Light Company Discussed Barbier v. Connolly Mentioned Army v. Dalziel Mentioned Yick Wo v. Hopkinas Mentioned Southern Railway Company v. Greene Discussed Gulf C. & S.F.R. Co. v. Ellis Mentioned Southern Railway Co. v. Greene Mentioned Radice v. New York Mentioned Minister for State for the Army v. Datziel Discussed Pennsylvania Coal Company v. Mahon Discussed Lindsley v. Natural Carbonic Gas Company Discussed Gulf, Colorado and Santa Fe'Railway v. W.H. Ellis Discussed Case Note: Sholapur Spinning and Weaving Company Act 1950-Act Dismissing Company's managing agents, removing its directors, authorising government for appointment of new directors and curtailing shareholders' right in the voting matter etc.-Validity-Whether infringement on fundamental rights-Right of property save not to be deprived by authority of law-Right to acquire, hold and dispose property-Right to equal protection of law Constitution of India, Arts. 14, 19(1) (f), 19(f), 31, 32-Deprivation of property,-- Meaning of “property”, “acquisition”, “taking possession”...
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...Name Tutor Class Date of submission Constitution The constitution of the United States has three articles that explain the how powers are separated as well as checks and balances among the branches of the federal government. The federal government consists of three main branches that have separate powers. The three branches of the federal government include; the judiciary, the executive as well as the legislature. Among the three branches, each one of them is tasked with independent as well as separate functions and mandate. Among the three main branches of the federal government, there is none of them which can assume the functions of another. The separation of powers provides specific functions for each branch. The legislature which consists of the congress makes the laws for the nation, the executive that consists of the president implements the laws while the judiciary that entails the court system interprets and defines legal conflicts (Peterson 89). There is none of the three branches which can assume the functions of another. However, the three branches of the federal government are interrelated. They collaboratively work with each other hence checks and balances for the federal government. The checks and balances ensure that there is no single arm of the government that attempts to assume too much power (Peterson 78). Under the checks and balances for the federal government, the functions of one arm of the federal government are used as to control as well as...
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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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...California’s Constitution Law and Order In 1837, Mexico adopted a new constitution which created executive, legislative and judicial branches of government for the provinces. In California, considerable power was vested in the Governor who, among other duties, appointed regional officers (prefects) and local magistrates (alcaldes), the latter acting in the capacities of mayor, judge and representative of the Governor. This system had little opportunity to take root before Commodore Sloat raised the American Flag at Monterey in 1846, proclaiming California a permanent possession of the United States, establishing military authority, and promising constitutional rights, privileges, and law. Many Californians objected to military rule and insisted upon immediate provisions for civil government. “With the establishment of the American military government, the alcalde system was restored. On every bar, and in every gulch, and ravine, where an American crowd was collected, there an American alcalde was elected. And there were strange and often conflicting laws in adjoining neighborhoods, depending on the settlers or on the alcaldes, who made the laws, as the occasion required.” 1 After the treaty of peace with Mexico was signed in 1848, California was left with practically no government other than that provided by the local alcaldes, since the effect of peace was merely to take away the authority of the military government. The American alcaldes...
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...Facts This writ petition under Article 32 of the Constitution of India, raising a question of public importance involving the interpretation of Articles 74 (pari materia to Article 163) and 156 of the Constitution, has been referred to this six-judge Constitution Bench. On August 7th, 2014, President Pranab Mukherjee issued a Presidential order removing Mizoram Governor Kamla Beniwal with barely four months left of her tenure. Ms. Beniwal, who had crossed swords with PM Narendra Modi as Gujarat governor, was only recently transferred to Mizoram. According to Ms. Beniwal, she was transferred after a nudge from home secretary Anil Goswami to quit did not elicit the desired response from her. The Government has stated that the decision to advise the Presdient to sack Ms. Beniwal was taken after it came to light that she had misused the governor's office (in Gujarat) to make several unauthorized air travels, including to her home state of Rajasthan, at the expense of the state exchequer. Citing Gujarat Raj Bhavan records, the Government states that Ms. Beniwal flew out of Gujarat 63 times using the state aircraft between 2011 and 2014, with as many as 53 of these trips being to her home city of Jaipur. The Government also states that as chancellor of universities, she had allegedly started taking keen interest in appointment of vicechancellors. Ms. Beniwal denies these allegations and states that the sole motivation for her removal was political vendetta. She asks that the Court examine...
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...done/monitored by the national government and point out that, under the banner of ‘States Rights’, local communities have been guilty of fostering tyranny of the majority – especially the white communities in the South. The United States Constitution has secured an unprecedented degree of human freedom, upholding the rule of law, securing the blessings of liberty, and providing the framework for the people of America to build a great, prosperous, and just nation unlike any other in the world. George Washington thought that it was “little short of a miracle” that the delegates could agree on the Constitution. Americans had stumbled on this road before. The United States had established an earlier constitution in 1781, the Articles of Confederation. Under the Articles, each state governed itself through elected representatives, and the state representatives in turn elected a weak central government, one so feeble that it was unworkable. This league of states, hastily crafted during wartime, had to be replaced with a real government. The challenge was devising stable institutional arrangements that would reconcile majority rule and minority rights, that is, reflect the consent of the governed but avoid majority tyranny. The new constitution would need to secure the rights promised in the...
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...The Constitution of 1956 consisted of 234 articles, divided into 13 parts and 6 schedules. Following were the chief characteristics of the Constitution: 1. Pakistan was declared as an Islamic Republic and it was made mandatory that only a Muslim could become the President of the country. President would set up an Organization for Islamic Research. Good relations with the Muslim countries became the main objective of the Foreign Policy. Objectives Resolution and Quaid’s declaration that Pakistan would be a democratic state based on Islamic principles of social justice were made the preamble of the Constitution. Steps were to be taken to enable the Muslims individually and collectively to order their lives in accordance with the teaching of Quran and Sunnah and to implement Islamic moral standards. The sectarian interpretations among the Muslims were to get due regard. Measures were to be taken to properly organize zakat, waqfs, and mosques. However, one clause relating to the elimination of riba, which was the part of the draft was eventually dropped. 2. The constitution provided for the federal form of government with three lists of subjects: federal, provincial and concurrent. The federal list consisted of 33 items, provincial of 94 items and concurrent list of 19 items. The federal legislation was to get precedence over provincial legislation regarding concurrent list. In case of a conflict between federal and provincial governments, or between the provincial governments...
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...Running head: Constitution Paper Constitution Nequia Covington Christopher Powers Abstract The American Revolution creating the ideology that all men are created equal failed to connect with the new United States’ form of government. Americans attempted to define the meaning of American equality by holding several constitutional conventions that defined how the government would operate and who could participate in political life. The basic principles of democracy, giving majority the rule, struck fear into those who believed this would bring ruin of the hard-fought struggle for independence. The forming of a republic, which constructed a government where the important affairs would be entrusted only to representative men of learning and refinement, eased several minds. Constitution Paper The American Revolution creating the ideology that all men are created equal failed to connect with the new United States’ form of government (OpenStax, 2014). Americans attempted to define the meaning of American equality by holding several constitutional conventions that defined how the government would operate and who could participate in political life (OpenStax, 2014). The basic principles of democracy, giving majority the rule, struck fear into those who believed this would bring ruin of the hard-fought struggle for independence (OpenStax, 2014). The forming of a republic, which constructed a government where the important affairs would be entrusted only to representative...
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...The United States Constitution Jasmine T. Collins HIS 115 2/16/14 Thomas Deering The United States Constitution The United States Constitution was the first form of government. The Bill of Rights was later added. The United States Constitution and Amendments were established to fix the problems stated in the Declaration of Independence. The Constitution is the world’s longest surviving written charter of government. The phrase “We the People” is one of the first fixes between the Constitution and Declaration of Independence. These three words affirms that the government of the United States will serve its citizens. The Constitution has remained in force to this day, because its framers successfully separated and balanced government. The United States Constitution supports and reflects the idea of the Declaration of Independence. The Constitution also addressed the complaints in the Declaration of Independence. The US Constitution created a government of three branches—executive, legislative, and judicial, granting unique powers to each branch. “He has refused his Assent to Laws, the most wholesome and necessary for the public good.” (Declaration of Independence) The king of Great Britain refused to set laws for the common good of the people. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition...
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...LatishaDollison HIS/115 Mr. Randy Shuler Constitution Paper University of Phoenix 3/29/15 America is glorified as a land of freedom. As a country we have certain rights and Privileges gained simply by the fact that we are American citizens. We are also fortunate that these rights are protected through what is called the Constitution and the Bill of Rights. These Documents protect our truths and rights as a citizen. This wasn’t always so. There had to be a Time before the Constitution and in that time it was a verbal war between those for it an against. The people who were for the Constitution were called Federalists. These people Understood that the Constitution that was being debated was highly important if not essential to the form of government the people desired. They were well organized men and women. Surprisingly they were less than half the population. Because of their organization and determinism they did end up winning the verbal war and the constitution was accepted and Ratified by all the states eventually. The Federalists procured victory over a long period of time however. It was a slow ongoing war. They were fighting against many people and sometimes almost whole states. The Process was laborious and harsh. It was back and forth and George Washington stated in his letter to Henry Knox, “Under the circumstances enumerated in your letters, the favorable decision, which has taken place in that State, could hardly have been expected. Nothing less than...
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