The role of a democratic state is to represent the view of its people and bring forth their ideas. In order to maintain this role, the state must have a system of checks and balances to preserve the voice of the individual. In many nations around the world, the balance of power between branches of government is weak or absent, leaving democracies to fail in their mission, to vest the power to the people. In this paper, I will analysis and compare the balance of power between the executive and…
Judicial Tyranny Review Name: Institution Introduction This books gives insights on the situation of judicial system of America. It enlightens on how the court system has become corrupt gradually since it was granted its mandate. The court has been used for personal matters and too much affiliated to politics. Robertson notes that, morals and libertinism has been corrupted by over use of power. Judicial system has surpassed its constitutional roles and rights and it has taken…
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…
you know US is a multı ethnicity society and If the state gives a privileged position to a group, other ethnic and linguistic groups want to have the same rights and it damaged the unity of the state. Another difficulty of multiculturalism in the process of deliberative democracy is that, although the main idea is…
When the United States faces a crisis, the public often looks to the President to lead the nation with decisive, immediate action. However, even under extraordinary circumstances - such as the environment immediately following the September 11th terrorist attacks - the Constitution doesn’t expressly designate any war powers to the President. Even though many Constitutional experts have interpreted the structural ability of the executive branch to act faster than the legislative branch to signify…
The judicial role of determining constitutionality looks like a seemingly simple process: the judge, an important part of the separation of powers, determines whether a law is in accordance with the constitution or not. In reality, the responsibility of the judicial system is far from that generalized perspective, and this is where the great debate begins. When interpreting the constitution, there are two distantly polar ways of reading it. There are originalists (Scalia and Bork) who contend…
It is evident that institutions at the national and international level are crucial in society and provides mechanism of social order that governs the behavior amongst individuals in society. Institutions are a vital part of politics that cannot be overlooked. For John Locke and Jeremy Bentham, the world institution carries a broader meaning as it is rooted in norms, values, legislature, behavior, and society. In his work "Second Treatise of Government,” John Locke defines the state of nature…
A constitution is a written document that provides basic principles and laws that govern a nation, state, or group. This provides a foundation for rule of law, power and limits of the government, and the rights and duties of the people. The United States Constitution was constructed on September 17, 1789 (Scott, 2016) and has influenced other countries and states constitutions. Several states in the United States drafted their current constitutions after the United States constitution so…
exception. Jefferson and other founding fathers, fearing a central government too powerful, established a complicated system of separation of power to limit the scope of government; that system included a legislative branch called Congress, an executive branch headed by an officer called the President, and a judicial branch with judicial powers vested in a supreme court. Separation of power brought several positive remarks on democracy—when a president is too powerful and abusing his power,…
The three branches of the federal government have equal separation of power which led to the creation of checks and balances. This regulation helps make sure that the branches do not dominate one or the other during policymaking processes (Pinnell, Lecture, 29 Aug). Congress, also known as the Legislative Branch, has two parts: the Senate and House of Representatives. They come together to discuss what bills to form and make sure that those bills can become laws. The Judicial Branch, known as…