...After reading these articles for the first time in a long time, I understand them more in depth. The Declaration gave us our independence from the British, and this is why we have Independence Day on July 4th. The Constitution was written to give the government a little more strong hold on laws and regulations. The letter to the Danbury Baptist was written to inform the people that there would be a separation between “church and state” keeping the government out of religion. These three articles seem as though they have nothing in common…. The Declaration of Independence was written first, on July 4, 1776. The U.S. Constitution was signed on September 17, 1787. In both of these documents citizens were obligated to support the government as long at it was not restraining them from their freedom, and correct or remove it when it was. The Declaration was written to notify the monarchy that the United States was no longer a British colony. The Declaration of Independence listed reasons why the United States decided to cut ties to the British and was now its own country with its own government. The Constitution outlines the most important government laws and citizen rights. Some of the laws of the Constitution seem to be based off of the listed reasons in the Declaration of Independence. The Constitution was approved through a vote from the states, and the United States Federal Government was created. This is the same Government that exist today. If it wasn’t for the...
Words: 803 - Pages: 4
...will be analyzed based on the effects on Hong Kong in the aspect of the constitutional framework, rule of law and separation of power. The Hong Kong constitutional framework bases on basic law. Though “One Country, Two Systems (OCTS) and high autonomy is ensured by the PRC, there are still restrictions, e.g. the removal of chief executive can only be performed if he is not able to discharge his duties or refusal of passing the budget for consecutive times after dissolution of Legislative Council (Legco), by Article 52. While the Chinese government has the powers to remove a chief executive, by Article 73(9), removal of chief executive must be “reported” to the Chinese Government. According to Dicey, the rule of law contains three elements: absence of arbitrary power, equality before the law, and supremacy of ordinary law. For Unger, autonomy is essential for the rule of law system, with no interference of externally factors. For Lord Bingham, it includes eight elements. One of the most important one is that different parties exercise the power conferred reasonably; not exceeding the limits. Separation of powers, by Lord Bingham, refers to the existence of three distinct functions: legislative, executive and judiciary, preventing the centralization of power. According to Peter Wesley Smith, Hong Kong has an executive-led system while resembling the separation of power, as basic law divided into...
Words: 1508 - Pages: 7
...Independence of judiciary means a fair and neutral judicial system which can afford to take its decision without any interference of executive or legislative organ of the government. The concept of separation of judiciary from the executive refers to a situation in which the judicial branch of the government acts as its own body free from intervention and influence from the other branches of the government particularly the executive. If the same individual assumes the functions of both executive and judiciary the necessary check and balance disappears and rights of the citizen are not adequately protected. Separation of judiciary from the executive universally ensures the independence of judiciary and safeguards the rights of the people. The question of separation of judiciary from executive is not new in our country. In fact, demand for separation of judiciary from executive had been a part of the movement for democracy itself and its implementation was part of the election pledges of both the major political parties. Article 22 of our constitution says, “The state shall ensure the separation of the Judiciary from the Executive organ of the state”. Separation of judiciary is included in Part II of our Constitution, i.e. the fundamental principles of the state policy; and Part V of the Constitution deals with the judiciary. But unfortunately no government since 1972 when the constitution was framed ever took steps to effect the separation. Finally in 1999 while delivering historic...
Words: 3344 - Pages: 14
...United States political framework 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...
Words: 2565 - Pages: 11
...determines the rights of the people. In our opinion, we do not wish to abandon the doctrine of separation of power but however, this notion shall follow the Montesquieu approach as he provides for a separation of power that aims at having separate institutions doing separate function by separate personnel and having the checks and balance that will control the powers of these organs. The doctrine of separation of power cannot be abandoned because of the following reasons: The doctrine avoids the abuse of powers. This means that when a single person or a group of people have the extreme amount of power they can become dangerous to the citizens. As it was put forward by John Locke that “it would be a great temptation to human weakness if the same person to make law has the power to extinguish them because they may exempt themselves from obedience to the law or may suit the law in the making and execution to their private advantage”. Thus, the doctrine of separation of power is a method of removing the amount of power in one group's hands and controlling the powers of the organs of the government because it becomes more difficult to abuse the power. Example: Even though the parliament has the power to enact the laws, the judiciary has the power to declare whether the law is constitutional or unconstitutional through check and balance. It insures justice to the people. Through separation of power each organ of the government can be independent...
Words: 731 - Pages: 3
...The independence movement in Spain In its long history as a unified country, Spain is currently immersed in one of the strongest independent movements, that does not only affect the social life but has generated an unstable political sphere. In the moment this paper was written, the current government of Spain is “in functions” and has little to no power in taking decisions, what consequently generates a big loss to the Spanish economy. Spain’s political sphere is divided between 4 major political parties, Popular Party (PP) and Ciudadanos (translated as “Citizens”) on the right wing and Socialists (PSOE) and Podemos (translated as “We Can”) on the left wing. As of early 2016, PSOE and Ciudadanos have signed a coalition but the other two major political forces, PP and Podemos, have refused to join the accord, what leaves the coalition in a situation where they still do not have the majority of seats necessary to govern1 . In this essay, I will illustrate how the Catalonia's independence movement has created a political and economic instability. In order to understand the current political crisis, it's necessary to examine the recent history of the country. In 1975, after the death of dictator Franco, Spain found itself in a desperate rush to become a free and democratic state, as not only the Spaniards were eager to move on ...
Words: 2572 - Pages: 11
...Paper 1 The Declaration of Independence was adopted by the Continental Congress on July 4, 1776 and announced the separation of the thirteen American colonies from British control. Thomas Jefferson wrote the first draft, and after several edits, it became the final document. Jefferson employed several key concepts and phrases in the introduction and preamble. The introduction paragraph sets up what the rest of the document is about. Jefferson states that when it is time for a people to separate from a country, it is necessary for them to “declare the causes which impel them to the separation.” This indicates that the rest of the Declaration will outline and highlight the reasons why the American colonists decided to sever ties with Great Britain. The first half of the preamble–the second paragraph of the Declaration of Independence–says that humans have certain rights, and the purpose of a government is to protect these rights. The first key phrase declares, “. . . all men are created equal.” This, however, is contradictory considering the existence of slavery in the colonies and the fact that the author, Thomas Jefferson, owned hundreds of slaves himself. Some argue that those who signed the Declaration thought of “the people” as male property owners, which would not include women or slaves as being equal. However, in the original draft, Jefferson did condemn King George for allowing the slave trade to flourish, but Congress voted against this because they did not want the...
Words: 579 - Pages: 3
...A Declaration of Sentiments, and the Texas Declaration of Independence Comparative analysis - American Declaration of Independence 1) So apt and eloquent was Thomas Jefferson’s expressive writing in the Declaration of Independence that many others have come to use his document as a template for iterating declaratory appeals of their own. In the case of The Declaration of Sentiments, Elizabeth Cady Stanton is seen to use Jefferson’s declaration as both inspiration, and archetype for her own declaration in opposition of the “repeated injuries and usurpations on the part of man toward woman.” Stanton surely made use of the recognition, and authority which the Declaration of Independence held, during the creation of her preamble. Stanton continued in her writing to include a list of grievances which, while similar in wording and structure to Jefferson’s grievances, expressed a much different intent. The two documents differ here, as the original Declaration of Independence demonstrates how the freedom and integrity of men was denied by the transgressions of their king, while the Declaration of Sentiments demonstrates how the freedom and integrity of women, is denied by men. To better create a sense of sympathy for the plight of woman-kind, and to bridge empathy between women and the rest of the American public, Elizabeth Cady Stanton carefully emulated the wording and style of the Declaration of Independence. Thomas Jefferson wrote, “We hold these truths to be self-evident...
Words: 1080 - Pages: 5
...UOI v R. Gandhi/ Madras Bar Association v UOI, (2010) 2 Comp LJ 577 (SC). Author’s Name: Aditi Tambi Registration Number: 11A008 TABLE OF CONTENTS Introduction………………………………………………………………..2 Rule of Law…………………………………………………………………4 Separation of Power……………………………………………………….6 Development of Tribunalisation in India………………………………..8 UOI v R.Gandhi……………………………………………………………....10 * Facts………………………………………………………………....10 * Issues………………………………………………………………...12 * Contentions of Petitioner………………………………………….12 * Contentions of Respondent………………………………………...13 * Provisions of Law in Question……………………………………...13 * Judgment……………………………………………………………...15 Conclusion………………………………………………………..20 INTRODUCTION The author in the in this project will deal with the case for and against the Tribunalisation of company law in India. The following discussion culminates from the Constitutional Bench Judgment of the Supreme Court that upheld the establishment of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT), in an appeal filed by the Union of India against a Madras High Court judgment. The case in discussion is Union of India v. R. Gandhi / Madras Bar Association v UOI. What was effectively held in the judgment was to uphold the legislative competence of the Parliament to create the NCLT and NCLAT. In the present case, upon recommendations of Eradi Committee, constituted to suggest measures to avoid unnecessary delay in litigation, Parliament...
Words: 7805 - Pages: 32
...британската и американската литература MARINO MARZIALI - F81122 Thomas Paine, Common sense The ideological weapon for the independence of the USA The years before the American Revolution knew the intensification of the political and cultural debate among the colonies. After the Treaty of Paris of 1763 the relations with England were quite complicated because of the new tax policy and administration of the motherland. The new laws clearly represented a change of direction in the management and especially in the conception of the colonies by the British government. The harsh protests and riots that started overseas showed that the colonists insinuated a doubt about the intentions of England, whose behavior was seen as a direct attack against their freedom. In the atmosphere of the colonial debate there were two main options on the positions to take regarding the facts. Many still supported the need for a reconciliation with England, either for the tradition that it bound the colonies or for the protection of trade and security of the American continent. So the fear and uncertainty to be an independent nation in the future restrained settlers' minds. More and more, on the other hand, were the voices, who courageously invoke the separation from the motherland as the only real alternative for the development and prosperity of the colonies. Therefore, the idea of independence had been circulating in the debates and private conversations, but before January 10, 1776 no one had publicly supported...
Words: 1754 - Pages: 8
...Thomas Jefferson was a fundamental source in writing the Declaration of Independence. "Jefferson was influential as an advocate of democracy in the early years of the United States . . . " (Herold 19). He wrote the Declaration of Independence to address the King of Britain, the colonists, and the people because the rights of the people were being threatened by the very government that was meant to protect them. Jefferson began the document by stating his purpose: to explain why the Americas wanted to separate from Great Britain. Following the introduction, Jefferson focused a large portion of the Declaration of Independence in listing facts and reasons that served to reinforce the desire for separation. The first example that lead to my conclusion...
Words: 610 - Pages: 3
...or where you can be accused of a crime and hanged without due process of the law. Can you imagine that? Well for most people these circumstances would signal the end of life. II. The Pursuit of happiness A. How many of us have migrated to America in pursuit of freedom? Whether is freedom of life, liberty or property? Many of us have left our countries behind to pursue happiness and have found that the United States can offer things that are not available in our native countries. B. Because of the ideas of English Philosopher John Locke we can today live in a country full of opportunities. This political and social philosopher of 17th century England influenced the author of the Declaration of Independence and the Framers of the Constitution more than any other. After studying the contributions of John Locke towards American society, I would like to discuss the three central ideas that shaped the United States constitution and the glorification of democracy. Body I. John Locke is the intellectual father of our country. His first principle was based on the idea that each man (and women) is born with inalienable rights. In other words, natural rights that cannot be taken away, denied, or transferred. For example, the right to life, the right to own property and the right to be free cannot be taken away by anyone without the due process of the law. These exact principles...
Words: 994 - Pages: 4
...Thomas Jefferson By Juan Garcia Introduction The third president of the United States, Jefferson is most famous as the author of the Declaration of Independence, a document that served as a profound expression of his own beliefs on equality and natural rights, as well as a concise articulation of the revolutionary impulses of an emerging nation. Long revered as one of America's founding fathers, Jefferson remains the subject of intense scholarly debate in the twenty-first century. Of particular interest to current critics and historians are his views on the separation of church and state, and the inconsistency between his well-documented belief in individual liberty and his status as a slave owner. His views on Native Americans, African-Americans, and women are considered at odds with the principle of universal equality he claimed in the Declaration to be “self-evident.” Biographical Information Jefferson was born at Shadwell, in Goochland (now Albemarle) County, Virginia. His father was a self-made man and an early settler of the Virginia wilderness, and his mother was a member of a prominent Colonial family, the Randolphs. Jefferson attended private schools and the College of William and Mary, where he studied law, science, literature, and philosophy. He was admitted to the bar in 1767 and practiced law for two years. In 1769 he was elected to the Virginia House of Burgesses. During that same year he designed and began building Monticello, his famous family home, in...
Words: 1618 - Pages: 7
...the marriages within The Awakening there are several stark contrasts concerning submission, separation, and love; however, there are some comparisons as well. Marriage is mutual respect and submission between two people. In the biblical perspective of marriage, both the husband and wife must “Submit to one another out of reverence for Christ” (The Holy Bible, Ephesians 5:21). Submission does not mean one party has control of the other. Submission, in a biblical perspective, expresses a mutually beneficial relationship that is dependent on the cooperation of both the man and woman. In The Awakening, Leonce and Edna Pontellier’s marriage lacks mutual submission. Leonce...
Words: 1443 - Pages: 6
...In 1776 one of the most famous documents in American History was signed: The Declaration of Independence. One of the Massachusetts representatives to sign, along side his second cousin, was Samuel Adams. Why is he so important? Adams’ significance to the signing of the declaration can date back to his college days when he wrote a controversial thesis through the Stamp Act and the Tea Act that took place on the road to America’s Independence. Adams started his college career at fourteen when he attended Harvard College in 1736. After he obtained his bachelor's degree, he went on to get his Masters degree in 1743. That year he wrote a controversial thesis stating "Whether it be lawful to resist the supreme magistrate, if the commonwealth cannot be otherwise preserved?" (1). Restated, Adams is questioning the...
Words: 399 - Pages: 2
