Constitutionalism

makes logical sense; the Fourteenth Amendment does not guide us back to past American ideals of divisions in governmental reign, rather it creates controversial context in constitutional law. While I tend to lean towards an originalist view of constitutionalism, I accept that the amendment is more idealistic than practical. However, originalism only stretches so far in circumstances of grand scale. The advantage given to the federal government to regulate state laws is not idealistic – the…

The Highest Court and Final Court of Appeal in Canadian justice system build up the Supreme Court of Canada. The Supreme Court offers permission to over 40 litigants of appeal decisions annually that are rendered by the federal, provincial, and territorial appellate courts. The court gives the ultimate expression of the decision and application of the Canadian law. Besides, the lower courts abide by these decisions. The Supreme Court was created by an act of parliament in 1875. There are cases,…

Throughout the article, “Haiti Should Relinquish its Sovereignty,” Richard Albert talks about how Haiti has failed to build the democracy that they once dreamed about for their new era of constitutionalism. Albert, also mentions that it is only because of the “military ruling, a legacy of colonial devastation, natural disasters and two coups—one engineered by the United States,” that Haiti has not been able to accomplish their goals. Based on the world’s history, Albert’s article, mentions…

Every human being in a society has to go through certain development phases in our live. Each phases has their own contract that we need to prevail as our live moves from one stage to another. During childhood, men are bind to the filial contract with their parents and siblings as the contract is established during the bonding moment . At this stage, the terms of the contract is that the child will give the parents certain enjoyments that come with parenthood and as in return, the children will…

1Part A North Korea, officially The Democratic People’s Republic of North Korea, is a country isolated by its ideals and views. North Korea’s extreme views have caught the attention of media worldwide, as it is so different to most governments. Australia, having been colonized by Britain, appears quite similar to the British system, having human rights and equality at the center of their ideals. Both Australia and North Korea are labeled as liberal democracies on paper, and have written…

the throne he had a certain romanticism about him, he was the first King of Prussia to visit the Roman-Catholic buildings of his land, he also ended conflict with Roman Catholic church (The Editors). Though Frederick IV was against a modern constitutionalism, he was aspired to create Estates of the Realm on a medieval pattern (The Editors). After the German revolution broke out following the French revolution Prussia finally made their own constitution, even though the constitution was…

that activated the transition process. There are various forms of modern rule when in the pursuit of a modern (democratic) state. Held (1992), provided four different “forms of the modern state”, including: a liberal state, a liberal democracy, constitutionalism and finally, a one-party…

As our forefathers departed England to establish this new land, one of the original drivers was to allow many individual freedoms that were not allowed in England. Therefore, the U. S. Constitution was created to give the people freedoms that were not allowed in England and also to provide protections not provided for in their type of government. The tensions and conflict arose in the process of balancing the needs for individual freedoms with the need for the overall rule of law in the new…

is still debate as to whether Lincoln’s actions were constitutional or merely justifiable. Many studies on the topic of Lincoln’s executive power during the Civil War are compiled into a larger theory focusing on the “proper relation between constitutionalism and prerogative,”20 implying that the greater good can, at times, serve as a motivator to potentially infringe and impugn upon constitutional rights. Lincoln fully grasps the immense power of the executive and understands that this…

1.1 Communitarianism (a) Definition Communitarianism is the “doctrine that advocates a regime in which personal property is absent (it is distinguished from communism by its personal character).” (b) Source Dicionário da Língua Portuguesa Kindle edition (Porto Editora 2013) location 47704. (c) Meaning This doctrine focuses on the community rather than the individual. Property does not belong anyone specific, but is to and is accessible to all equally - similar to socialism, different from…