...Nathaniel Sellis American & Wyo Government Dudley November 12, 2011 How Democratic is the American Constitution Summary Robert Dahl explains in the beginning of the book that he is not proposing changes in the American Constitution, but suggests changes in the way we think about our constitution. In this essay, I will explain the history of this American constitution, what Dahl suggests about the American Constitution, and my opinion about this book. In the history of the United States, there are two factors that mark its constitutional history. For one thing, the rights of citizens were organized through limits to power, linked to a libertarian conception of liberal viewpoint. For another, the original structure of the constitution is influenced by the fear of the "framers" to a popular majority government could oppress the rights acquired as Alexis de Tocqueville considered that the democratic government incorporated elements that endure to this undemocratic, preventing the formation of compromise. The result of this misunderstanding between democracy and fundamental rights did not allow equality. The author acknowledges the obstacles to achieving political equality are related to institutional distortion and sacred morals of citizenship to the constitutional system, which increase the distortion and hope, are two obstacles to any reform. The focus of their criticism revolves around the unequal representation in the Senate. The tension between the need and right...
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...Participatory constitution making-process Acknowledgement Introduction………………………………………………………………………………….1 1. the need of constitution…………………………………………………………….4 2. models and process……………………………………….............................9 3. selected case study…………………………………………………………………..10 4. over-view of Ethiopia’s constitutional development………………..16 5. conclusion………………………………………………………………………………..20 6. bibliographies…………………………………………………………………………..21 My Perspective of over- view ✓ Depending on how our discussion will lead us, (basically how much we read and write) we can divide both the time we have and members into groups again as to make it inclusive on the work we do we can set up how many times we should meet each day ad also how long we should spend in the group session ✓ we should all have to agree before including a given task to a group as a final part of the paper this in would mean both the concept and the grammars should be seen carefully ✓ if a group’s task needs extra help we should all involve and get it through along the way ✓ under no circumstances we should rely to break the rules as it would mean in my opinion playing with fire ✓ each session is very important to get the paper done on time and not only attending but coming with the aforementioned task please see to it this is just my assumption do not be tempted to divert you ideas just because it’s printed...
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...different schools of thought regarding the Constitution. One party was the Jeffersonian Republicans, led by Thomas Jefferson and James Madison, they followed the principle of strict constructionism of the Constitution. Jefferson’s policy making usually cohered with this strict constructionism, but on several occasions Jefferson utilized a loose interpretation of the Constitution, while Madison did a much better job of adhering to the principle of strict constructionism. As the founder of the Jeffersonian Republicans, Thomas Jefferson’s main ideology was a strict interpretation of the Constitution,...
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...stop at “Bonny Jonny” Adams Becomes President. b) Why was the Bill of Rights added to the Constitution? Because the Constitution did not guarantee the protection of the rights of individuals, James Madison proposed a number of amendments to be included in this legal document, ten of which were ratified by a majority of the states fairly quickly. These ten amendments, commonly known as the Bill of Rights, ensured civil liberties such as freedom of religion, the right to bear arms, freedom of speech, the right to be tried by a jury, freedom of the press, the right to property, freedom of assembly, and humane treatment when being punished. c) How did Alexander Hamilton attempt to improve the nation’s financial status?...
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...The Constitution of Medina – Islamic Constantinople HIS201 – Middle Eastern History Sama Ibrahim Ayyoub 999028699 October 17th, 2013 In contemporary society, Islam is often depicted as a religion, which lacks in democratic values. Contrary to this popular belief, the importance of human rights in the religion is charted in “The Constitution of Medina.” Furthermore, its body of precedents proves the respect and humanity the Prophet Muhammad showed towards his Non-Muslim equals in early Arabia. This essay will aim to argue that the document titled “The constitution of Medina” is an Islamic attempt at a cosmopolitan multicultural state, which acknowledges the rights of all individuals. For the purpose of organization and analysis, this essay will first attempt to acquire knowledge on the socio-political environment Pre-Islamic Medina. Secondly, the relationship between the early Jewish community and Muslims will be examined, followed by a commentary on the Prophet Muhammad’s accomplishments in the state of Medina. In result, this will prove the democratic influence this constitution had not only on Islamic history but the Middle East as a whole. In order to grasp a clear understanding of the topic, it is most appropriate to begin by inquiring on the socio-political environment Pre-Islamic Medina which is important to understand as it had a historical influence on the constitution. Specifically speaking, the civil wars...
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...The United States Constitution duly noted as the “Supreme Law of the Land” is probably regarded as one the most, if not the most important documents ever established. It laid the ground work for the future of this nation and through its influential power, has allowed this country to progress. The constitution was drafted in September 17, 1787 and enacted in March 4, 1789. Being over 200 years old, the Constitution has underwent 17 amendments. The first ten amendments are the Bill of Rights, with a 17 amendments making for a total of 27 amendments. These changes were due to the shifts of view and values of our society. Although the founders of the constitution could not foretell the future of our country, there was sense of understanding that the constitution was a much needed piece legislation to create a balance within the law. As we noted above, the constitution has evolved and will continue evolve over time. Jack Goldsmith, author of The Terror Presidency: Law and Judgment Inside the Bush and Administration and Robert Dahl, author of How Democratic is the American Constitution?, both have a working knowledge of the constitution, but in their various writings, have indicated that the constitution is not so democratic as it was intended to be. The Constitution should be respected by all individuals, and its administration and interpretation should be fair and just. Jack Goldsmith served as legal adviser to the General Counsel of the Department of Defense for the Bush administration...
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...because with this subject, they feared giving the government so much power that they didn't give it enough to help the country function properly. RATIFICATION OF CONSTITUTION (FEDS VS. ANTI-FEDS): Due to how weak and ineffective the Articles of Confederation were, delegates met up and decided to recreate it, forming the Constitution. Fierce debates over the ratification of the Constitution between the supporters, known as the Federalists, and those who opposed, known as Anti-Federalists, lasted almost a year. Federalists argued that a strong central government would make the efforts of the Revolution useless, restrict states' rights, and it didn't offer protection of individual rights. The Federalists eventually backed off and included a Bill of Rights, allowing the Constitution to be ratified. American and National Identity is the theme because it's about how the two opposing groups had different views on what the Constitution should contain, therefore resulting in different interpretations of it, and how that led to debates about what should be included in it. KENTUCKY AND VIRGINIA RESOLUTIONS: Due to the ratification of the Constitution, interpretations were different between the Federalists and the Democratic-Republicans. Because of this, when the Federalists passed the Alien and Sedition Acts, many Democratic-Republicans were outraged and...
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...basic role of governing the structure and the powers of the state. It therefore organises the powers of the state in an attempt to prevent abuses of power by those in power. * Emergence of Constitutional Law - Enlightenment * The term “constitution” was coined recently with the emergence of the new nation state. During the 18th of century, political revolutions in France and the US led to the emergence of the new nation state and the need was felt for a document reflecting the beliefs and the political aspirations of the heralders of the new political and legal order. * Major ideologies (constitutionalism, Thomas Hobbes, Jean-Jacques Rousseau, John Locke) started perceiving power of the state and freedoms of individuals as being conflicting such that only a proper balance between the two would lead to political and social stability. According to those ideologies, to maximise individual freedoms and liberties, the power of the state had to be curtailed by constitutional norms. This is how the written constitution, in its modern appellation, came about. These constitutions are also called “enlightenment constitutions”. * Written Constitution * Also known as the narrow definition of “constitution” * “a document having a special legal sanctity which sets out the framework and the principle functions of...
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...recent years there has been much debate within Parliament over the possible codification of the British Constitution and it is always a topic that people often find very hard to agree on. Though some parts of what may be a codified constitution have been introduced, such as The Human Rights Act which established a codified set of rules and the introduction of devolution, Britain is currently uncodified and so this brings up the arguments of whether update the system or not The initial argument for the change is it was remove the transparency of rules and laws, the key constitutional are collected into a single document all clearly stated with great difficulty of alteration. This portrays exactly what the beliefs of Parliament are and restricts law breaking. Not only does this deter people from committing offences but also makes it simple to enforce as every charge wish be on the same wavelength. An argument to contradict this however would be that's not every crime committed is the same so the variation in the punishment given would also have to vary and with the defining of the law there is actually potential for it to become less democratic. Along with this as times are forever changing and technology is being updated, the demand for laws to be amended is crucial as without it people could technically exploit the system ‘legally’. Another bonus of a codified Constitution is the fact that it is authoritative meaning it is a higher-level and so it lines all political institutions...
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...Abortion policy has long been a subject of dispute between the Democratic and Republican parties. Both parties address this issue in their 2016 platforms, albeit in polar opposite fashions. Even though both parties agree that the government should assist in aiding women with unexpected pregnancies, Democrats and Republicans adhere to their clashing sets of morals when determining their perceived legality or illegality of abortion. Their different viewpoints on abortion reveal the conflicting ways in which the two parties interpret how the government should operate, with Democrats believing that the government should expand to operate for the needs of the current era and the Republicans believing that the government is best operated under the...
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...“How can UK democracy be enhanced?” Democracy is a political system where decisions are made in the interests of the people by decision-makers who are elected, accountable and can be got rid of peacefully. There 2 types of democracy: direct and representative ones. In the UK there is a direct democracy which gives every citizen the right to participate, the opportunity to express their views, thoughts and where voters determine specific policy outcomes. There is a constant debate whether the UK is a truly democratic country or not and to what extent. It is believed that nowadays Britain has a massive issues: the electoral system is totally unfair, there are unelected political members and the lack of parties, Civil Rights are in danger, citizens no longer have a wish to participate in elections, the media is prejudged and, finally, the UK is not representative. This essay will evaluate how to make the Great Britain more democratized. The major point is that there is a low rate of political participation in the UK that might lead to an arbitrary and autocratic government. It is significant element because it makes the government more accountable. There are some ways which can prevent this undemocratic style. Firstly, the UK government can introduce the compulsory voting which is nowadays enhanced in Australia. This method would force citizens to affect the outcomes of elections and make them more politically aware of issues. The second way is to increase the use of referendums...
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...How democratic is the UK political system? In the UK we have a political system which is, essentially, democratic. As there are some 63 million people living in the UK, complete democracy – whereby the public decide on everything – would be impossible, as there would need to be constant referendums. Representative democracy means that elected politicians represent each constituency in the country; this aims to be a democratic system where each politician acts in the interests of their constituents. However, this system could be undemocratic as each MP belongs to a specific party, and therefore could vote on behalf of their party rather than with the opinions of the constituents. Although Britain is a democracy, some people and institutions which have power have not been elected by the people. This could be seen as undemocratic. An example of this is the House of Lords; the members are unelected, yet still hold power as bills cannot be passed without being considered by both Houses. The House of Commons could be viewed as more democratic than the Lords, as all MPs are elected, for example Ian Lucas was elected as the MP for Wrexham. The UK has a ‘first past the post’ electoral system. Many seen this as undemocratic as it allows a political party to gain seats in parliament even if another party had thousands more votes. An example is the Green party, who gained a seat in parliament with around 300,000 votes in the last election. UKIP had over three times this amount of...
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...nations are democracies. Other nations have rulers assigned by heredity or have used the military to take leadership by force or rule by wealth or charisma. There are however, fundamental benefits of a democracy. The main benefit of democracy is that every adult person regardless of race, religious belief or gender has the same political rights as each other. People living in a democratic society are protected from oppression by laws and limits on governmental power. Democratic governments put laws into place to protect their citizens and to ensure a safe and fair society. The people who lead a democratic country have to obey the same laws as everyone else. Democracy is a form of government in which all eligible citizens participate equally—either directly or indirectly through elected representatives—in the proposal, development, and creation of laws. It encompasses social, religious, cultural, ethnic and racial equality, justice, liberty and fraternity. The quest for democracy in Bangladesh is moving in circles. The country gained its independence through both the democratic process and through war. During the four decades of its existence as a nation-state it has endured spells of military and non-military rules. Of the latter all were not elected. The elected governments seemed to betray superficial practices of democracy. In Bangladesh today, we have a situation where 153 members of the parliament out of a total of 300 have been elected uncontested...
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...The Nigerian Constitution in 1960 There appears to be a consensus among the rulers of Nigeria that the country's Constitution needs review. The review is, in fact, going on and there is not much I can do about that. However, if given the balance of power in the country, a review is the only constitutional development possible at this stage, I would then pay attention to the general character and form of the Constitution rather than its specific contents, which ñ with regards to the power and welfare of the common people no mere review can change appreciably. I am therefore limiting myself to the general features of the present Constitution. But let me first make some clarifications. The Constitution of a sovereign state is, in essence, the basic law by which the ruling blocs of that state say it will rule the citizens of the state. The Constitution is the will of the ruling blocs as limited but only limited by the struggle of the people. This clarification on the essence of a Constitution also applies to every structured organization, except that an ordinary organization is not sovereign, in the sense that it is bound by external laws (usually those of the state), in addition to its own laws. The sovereignty of a particular state is expressed and asserted by the fact that it is bound only by external laws and obligations to which it has subscribed. Otherwise that state is not sovereign. The Nigerian Constitution, the one promulgated on May 29, 1999 and currently in operation...
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...Introduction The Canadian charter of rights and freedom is one part of the Canadian Constitution. The Constitution is a set of laws containing the basic rules about how our country operates. For example, it contains the powers of the federal government and those of the provincial governments in Canada Importance The Constitution is the supreme law of Canada. Generally speaking, all other laws must be consistent with the rules set out in the Constitution. If they are not, they may not be valid. Since the Charter is part of the Constitution, laws that limit Charter rights may be invalid. This makes the Charter the most important law we have in Canada. It is important to point out, however, that the Charter itself allows governments to put some limits on Charter rights. Section 1 of the Charter says that other laws may limit the rights and freedoms in the Charter so long as those laws are reasonable and justified in a free and democratic society. So, a law that limits a Charter right is nevertheless valid if it conforms with section 1. The fact that the Charter is part of the Constitution also means that governments must try to make sure that new laws are consistent with it. For example, the federal Department of Justice must make sure that new laws proposed by the federal government comply with the Charter....
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