for Constitutional Amendment in Canada Alternatively to the Australian process of constitutional amendment, other countries have put in place varying devices that allow changes to their constitutions. Despite both having been derived from the United Kingdom common law system, and both having developed constitutions from a postcolonial perspective, Canada’s procedure is significantly distinct from Australia. While still containing restrictions, the Canadian amendment process has been regarded as…
The land of the free and the home of the brave. The place that is desired by all and unachievable by many. People work their whole lives to be able to come to America Is it really the land of the free and the home of the brave though? America is a free country, free: not under the control or in the power of another; able to act or be done as one wishes. However, for many years the homosexual american citizens did not have the right to marry whomever they want. While a law was passed in 2016,…
of power, as assemblies or the Legislative Branch became more important as it represented the people. People wanted an extension of political freedom. While the state constitutions were being constructed, the Second Continental Congress formed together to create the Articles of Confederation in 1781, the first national constitution which didn’t necessarily have a positive outcome. Due to the fact state governments weren’t comfortable with giving up all their power to the new government, there…
tyranny, and the constitution would be just again under the lead of the aristocrats. But, as it did with the monarchy, the sons of the aristocrats may result in the constitutional change to the oligarchy. If then so, the populous would rise and constitute a popular government; however, it is destined to turn into anarchy (89-90). This is the cycle that Machiavelli proposes, under the assumption that the people would seek the self-interest and degenerate under any pure constitution; therefore, he…
primary purposes of a constitution include creating a government, defining its power, and protecting its people. Constitutional law is the interpretation and implementation of both the federal and state constitutions; in addition, it is the foundation of the nation’s current educational system, creating a legal chain of power and responsibility to educate the nation’s youth. Following the delegation of education by the U.S. Constitution to the state governments, the Texas Constitution of 1876…
The Judiciary is the section of government which is tasked with interpreting laws passed by parliament. In the USA the constitution established the Supreme Court under article 3 of the constitution. It is the ultimate authority in constitutional interpretation and its decisions can only be overturned by a constitutional amendment. In the UK, a supreme court was established in 2009 to provide greater clarity in the UK’s constitutional arrangements. In the UK, under the concept of Parliamentary…
branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution. This means that they can declare federal laws unconstitutional, overrule themselves in previous decisions, and shape public policy. However, there is disagreement over this policy making power which is prominently demonstrated in the…
A term limit is a legal restriction that limits the number of terms an officeholder may serve in a particular elected office. For a while now, citizens in the United States have started to support this idea more and more. Reality is that they’re a bad idea that would worsen the problem of power among some of those already in Washington (Price). Since 1973, 28,537 bills dealing with term limits have been requested. None of them had been approved. Looking into the future, the probability that…
and Contrast United States Constitution and Iroquois Constitution The Iroquois Constitution and the United States Constitution are very different yet very similar. They relate to each other on many different levels. They both serve as foundations for constitutions all over the world. Other constitutions that have been made presently look back on these two constitutions and kind of use them as a guideline. First of all, the structure and tone of the two constitutions are very similar. Both of…
Introduction Legal formalism is a belief, in the capacity of legal rules, to determine the outcomes to legal disputes without having recourse to the judge’s political beliefs or sense of fairness. Formalism posits that judicial interpreters can and should be tightly constrained by the objectively determinable meaning of a statute; if unelected judges exercise much discretion in these cases, democratic governance is threatened. Legal-formalist have been severely criticised by, among others,…