Constitution of Pakistan

decisions because they are also still obliged to follow the laws they wish to make. Constitutional conventions although not judicially enforced and not in written format, is still a important aspect in New Zealand 's legal system “government without a constitution is power without right”. They outline serve integral function in allowing flexible and easy constitutional…

it came to citizens accused of waging war against the country, to prosecute him federal court for treason or another crime. This exemplifies the formalist approach because it looks to previous interpretations of the constitution and attempts to sway the court to follow the constitution strictly despite the fact that it is a different case with different circumstances. Scalia goes on to protest that the system of separation of powers that we have abided by in the past has protected us from…

“Bathroom use of transgender students in schools by gender identity” issue happened when Omaha’s administration send out a letter to public school to ask them open a new bathroom or allow transgender student join which one if they like to fit with their gender identity. This act is need to discus when Federal and so many states have agreed on the rights and protecting gay, lesbian and transgender people. “Under the new protections, transgender students are able to essentially live as the gender…

power in a federal democracy. A democracy is considered to represent the majority while respecting every individual’s rights as well as those of the minorities, (Malcolmson, Myers5). To make sure of this instance, it is present in Canada’s written constitution, (Malcolmson, Myers5). Due to the fact that in a federal democracy there is a separation of power, it minimizes the chances of tyrannical acts. In other words, placing the powers in the hands of two different governments makes it more…

political thoughts based on “Pluralism”. Unlike Hamilton, who considered the major excuse for the autocracy, Madison has preserved the liberty of people through the Federalist 51. Madison’s Federalist paper is not only unique but also designs the constitution that allows the members of the branches not to be dependent on the members of other branches for the determination of their salaries and other duties. Also, the changes in the institutional design that Madison proposes are secure the…

and Dispersian, voluntarily admitted into the union, there has to be a way for them to voluntarily leave. However, as they once decided to join together, to leave they should all decide. Secession in Agonista should be regulated under the future constitution of Agonistan in the form of referendum. However, unlike the issue of Quebec in Canada, this referendum will be a nation wide referendum where everybody will be given the vote and in order for it to be passed, the vote will have to come out…

unconnected’’, this could relate to the idea of checks and balance that all three organs are bound by. Tomkins had a different idea about the principle. He believed that ‘tripartite division did not reflect the historical development of the English Constitution’. Tomkins refers to the English Civil War (1641 – 51) between Charles 1 who stood for the nation of ‘divine right of Kings’ and the Parliament led by Oliver Cromwell. Charles 1 wanted to rule without the influence of Parliament, however,…

Charles Hughs, a former Chief Justice of the United States Supreme Court, once commented that “We are under the constitution, but the constitution is what the judges say it is…” This comment depicts the importance of judicial interpretation of Constitutions not only in South Africa, but around the world. I argue that the South African Constitution allows for the constant evolution of itself, through changes in interpretations, to best fit the current social needs of the society and promote…

In his work, Politics, Aristotle credits a city-state’s constitution as being its only enduring identity when he remarks “when the constitution changes its form, it would seem that the city-state too cannot remain the same” (1276b). Democracy is among the several different types of constitutions Aristotle recognizes. Democracy is what Aristotle describes as a “deviant constitution.” This type of constitution is deviant because it is for the benefit of the poor, but not for its common profit.…

Because of the uniqueness and complexity of Indonesia’s initial conditions Horowitz does not make any bold claims about the replicability of that country’s constitutional experience. He does, however, contend that Indonesia’s form of constitutional development was particularly suited for promoting democracy in that country. Given the role sequencing, incrementalism, and path dependency played in Horowitz’s narrative, additional research within a historical institutionalism vein might provide…