The has an uncodified system which is a constitution that is made up of rules that are found in a variety of sources in the absence of a single legal document. A codified constitution is a constitution in which key constitutional provisions are collected within a single legal document. It is often propagated that the implementation of a codified constitution would lead to accountability and clarity. However, the current system we have in Britain already does this, it has been...
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The constitution is the basis of every political system, and without it, the state cannot function properly. The Oxford English Dictionary defines a constitution as a body of fundamental principles or established precedents according to which a state or organization is governed. There are different types of constitutions, however, in this essay, I will focus on the unwritten constitution. The is one of few democracies in the world which does not have a written constitution. This can be seen as...
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Legal pluralism in South Africa is NOT a necessity for our time The 1996 Constitution gave legal power to both the State and customary law, making South Africa a legal pluralist state.[footnoteRef:1] Customary law is derived from social practices that the community accepts as obligatory.[footnoteRef:2] While many South Africans live according to customary law, the law regulating the lives of people will vary across communities, ethnicities, religions, cultures, and provinces. The precise number of people who live according to customary...
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Bill Description: A bill is a draft legislative proposal that becomes law after it is passed by both houses of parliament and approved by the president. There are four types of bills: ordinary bills, foreign currency bills, tax bills, and constitutional amendment bills. Once the bill is drafted, it will be published in the Official Journal. Even before the presentation, with the speaker's permission, the bill may be published in a press release. More precisely: a bill can be defined...
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Introduction Laws may be described as a set of rules set up that direct humans or citizens residing in a state or a community. These Laws are set up to reduce the possibilities of friction and chaos in a State and in the event the same occurs, these laws still play a huge role in dealing with them. However, we should refer our minds to a popular maxim which goes thus; ‘Laws are made for me and not man for...
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These mascots are symbols meant to honor a culture or a tradition. But people In the United States people are going away from having Indians as mascots because of racism. People think It was said that it was against the First Amendment to refuse to change the nickname. More than 50% of people said it was not a bother and they did not find it racist or disrespectful. The long history of the mascot makes it especially hard to make...
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The rule of law is one of three important constitutional pillars that form the constitution. As has an uncodified constitution, rule of law asserts the supremacy of law and aims to prevent arbitrary use of power as well as to protect citizens' lives and property. It is difficult to define as the difficulty stems from the fact that the rule of law means different things to different people. Different legal theorists contend with different conceptions. Joseph Raz purports a formal...
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A constitution is the supreme norm that bases everything in the legal system of a country. This is what makes us like citizens with rights and duties. The constitution is the laws that should govern the people of a society, because if they did not exist people would do what they wanted. The constitution provides powers to the State’s servants so that the State can fulfill the functions that are legitimately expected of it. A constitution with a rights perspective...
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The massive majority of modern constitutions pronounce the rudimentary ideologies of the state, the structures and procedures of government and the fundamental privileges of the people in a higher law that cannot be individually altered by a regular legislative act. This superior law is frequently denoted as a constitution. The content and nature of various constitutions and how it relates to various political and legal order is different from country to country. This has made it very difficult to have...
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Law and legal studies project In this essay I will be discussing the legal system in Ireland and will be including any observations and changes that I think should be made to this system. I will also be discussing how the Irish legal system will remain part of the European Union after Brexit happens. The legal system in Ireland is an advanced system that involves formal laws. This means the law is independently existing and neutral and is enforced by...
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Those who kept up with the news would be no stranger to how dysfunctional the Congress were back in 2013, during Obama’s terms. In 2013, Jeffrey Toobin, a staff writer at The New Yorker and the senior legal analyst for CNN, wrote an impressive essay called “Our Broken Constitution”. Toobin went through the history of the Constitutional Convention in 1787, queried if there is any result of the Constitution and commented about the Constitution. I agree with him when he...
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Before the Constitutional Convention, America lived by a set of rules known as The Articles of Confederation. This was essentially the first “Constitution” but was a flawed one a best. The idea was that The Articles of Confederation would establish a national government that was equitable to all member states. The national government would be able to declare war, coin money, trade with tribes and they would have diplomacy. But like I said this was a flawed system at best...
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America Divided: The Impeachment of the 45th President of the United States Zero transparency and/or accountability, claims of being above the law, not working with the other co-equal branches of government, evidence of illicit behaviors and actions, and the slippage of democracy. These are all things our founding fathers feared to happen in our great nation. The Constitutional Convention of 1787 was an event to set up this countries government, and the goal was to be a non-monarch style rule...
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In the late 18th century, United States had just solidified their Constitution and established how their system of government would function under President George Washington. One of Washington’s goal, as president, was to make the United States a neutral nation because of how he felt political ties would affect the nation. As political parties began to develop, the nation became conflicted on how they would go about foreign affairs with countries such as Great Britain and France. The United States’...
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The ten amendments’ in the US Constitution guarantee our natural born right in a variety of topics such as freedom of speech, religion and many more. While we are guaranteed these rights, they all have their own limitations that are not always stated as clearly as the right itself. These constitutional rights can also be commonly misinterpreted and leave people with different perceptions on what each one entail. One of our constitutional rights that is misused is the second amendment,...
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On February 4,2020 the State of the Union Address was given by Donald Trump, to the 116th U.S. Congress. The address covered a number of topics that President Trump plans to implement into the American Society for this upcoming year and to show people his vision for the United States. Since our president has been in office he has made a lot of considerable promises. During his address he talked about our economy, national security, and asked Congress to pass...
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Constitutional law is concerned with the overall constitutional structure which a country is governed. The narrow meaning of a constitution relates to documents with legal sanctity setting out the framework and principal functions of the Government. In consideration of this definition, the UK does not have a constitution. The broad meaning of a constitution is the whole system of government of a country, the collection of rules which establish and regulate the government. In this sense, the UK does have...
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The essay detailed below will evaluate the claim that constitutions are essential for maintaining democracy as it varies within different contexts. The essay will start by detailing the strengths of the constitution over the democratic process through its perceived authority. Further on, the essay will also weigh the instances when a constitution was not essential for maintaining democracy especially in national instability, this will provide a more balanced view of the effectiveness of a constitution. This essay will provide support...
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In recent years, the UK constitution has been a thriving topic of debate and the organs of government have frequently been accused by their critics of making ‘unconstitutional’ decisions, yet the meaning of this is subjective. To define this term, several factors should be considered; firstly, the difference between unconstitutional and illegal, secondly, if existing challenges to constitutional principles can be considered unconstitutional, and thirdly, how unconstitutionality is sometimes unavoidable. The difficulties that come with defining ‘unconstitutional’ are mirrored by...
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Section A. The ‘Brexit process surrounds the events of the UK leaving the European Union (EU), which we have been affiliated with since 1st January 1973. It has been a long and continuous process, that still hasn't ended, despite the vote happening on the 23rd of June 2016, and the UK actually leaving the EU on the 31st of January 2020. Brexit has caused various constitutional disruptions, therefore there have been calls for the UK to adopt a codified constitution,...
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A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization, or another type of entity and commonly determine how that entity or country or government is to be governed. When these principles are written down into a single document or set of legal documents, they become law and are enforceable by the concerned authorities, those documents may be said to be a written constitution. if they are encompassed in a...
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The parliamentary sovereigns it holds the legislative body and have absolute sovereignty and is supreme over all other government institutions including the executive and judicial bodies. The politician makes and break their own rules in a system of parliament supremacy. Parliamentary sovereignty mean that parliament has, under English constitution, the right to make or unmake any laws however and further that no person or body is recognised by the law as having a right to override or set aside the...
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One document that influenced the Texas constitution was the United States constitution. These two constitutions are very similar. As a matter of fact, both the United States and Texas constitutions have a bill of rights, a bicameral legislature, a system of checks and balances, and a separation of powers within the three branches of government; legislative, executive, and judicial branches. One major reason I believe the United States constitution influenced the Texas constitution is because of the separation of powers...
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The UK is one of the few countries among modern democracies that has no single, definitive written constitutional document. The reason for this lies in the history of the evolution and development of British society and government. Low (1904) highlighted the evolutionary nature of the constitution through his commentary that ‘ other constitutions have been built; that of England has been allowed to grow.. our constitution is based not on codified rules but tacit understandings. Given the evolutionary nature of...
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Tyranny was used in ways the world cannot describe any longer. It means the power which one has to consequence another individual. The year was 1787, summer to be more exact. Twelve out of the thirteen states represented Philadelphia that afternoon. Fifty-five delegates in total. They were brought there to discuss the problem with The Articles of Confederation. Something showed that it needed to be changed. The problem was that there was no central government so no one could force...
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The evolution in the State of Texas began with the constitutions, though it never started with a strong impact like it is today. Seven constitutions made a real encounter with Texas. The first constitution was constructed in 1827. Texas was being joined with Coahuila as being only one state, while still being a part of the United Mexican States. Texas would persuade them later to have their own state while still being under the United Mexican States. Soon enough Texas...
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Eighth Amendment: When Is It Too Much? The Eighth Amendment of the American Constitution was passed in 1791, prohibiting disproportionate amounts of bail and fines, and also abolishing cruel and unusual punishment as used of deterring crime. It took inspiration from the English Bill of Rights, which is why the Eighth Amendment is almost word for word with it. Though the Eighth Amendment is necessary for criminals to keep their rights, the amendment doesn’t specify what is excessive bail or...
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The Right to Privacy: The Issues of Number One and Two The argument that bathrooms should not be gender inclusive is a relatively new one, as for much of American history, public restrooms, where multiple people have occupied a single space, were not the societal norm. The first law separating bathrooms by the sexes came in 1887 when Massachusetts passed a law that factories had to provide gender-specific restrooms for women in the workforce (Rhodan,) but other laws supporting this...
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At present, approximately all the 25 federal countries in the world, together represent 40% of the total world's population. America and India are two of the most significant countries in the world which were the world’s oldest democracy formerly and now counted as the world’s largest democracy. Both states are called ‘federal republic’ in the light of their political structure. Yet, there are certain differences that exist between the federalism of US and India. In 1798, after proclaiming its constitution,...
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Someone's Fourth Amendment right ensures that citizens are driven into improper search and seizure and are not searched without possible causes. In the wake of 9/11, the government overcame the American Patriot Act, which caused controversy over civil liberties. The law passed several provisions before it was finalized in 2015. Later, the US Freedom Law was enacted, expanding the civil liberties of society. Since 9/11, the 4th amendment has been compromised in various ways. The US Patriot Act section expands...
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