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Importance of the constitution
Principles of a constitutional democracy
Importance of the constitution
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INTRODUCTION
The word ‘Constitution’ came into existence from a French word ‘constitutio’ which derived from some Latin word meaning ‘to establish’. The Constitution of state is a basic document of that particular state respectively, which determines rights and duties of the citizens of that particular state. It also comprises of the functions and the system of the government that particular state will comprise of. Thus it can be said that, the Constitution of a particular state is a system of fundamental principal according to which a nation is governed. Although many writers have defined Constitution in several ways, but Aristotle explained the term Constitution as “the way of life which the state has chosen for itself.” Hence, it can be
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Therefore, India came to be a democratic country with written and amendable Constitution in the preceding two centuries. Although, Constitution of Indian republic was never a product of political revolution, but of research and efforts of few eminent personalities of India. Constitution of India is also known as ‘ beg of borrowings’, as after a efficient research it was picked from the Constitutions of various countries by these eminent personalities of India, who had a vision to improve upon the existing system of administration or system of governance.
For our current objective we will confine our discussion to few vital ingredients of Constitution, which are RULE OF LAW, JUSTICE and CONSTITUTIONALISM. The above mentioned terms have been broadly defined in the Constitution of India, but the fact that how much they are considered as appropriate and according to the Constitution of India for the people of India, in present scenario, remains to be
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The people, who are law makers, are required to give the valid reasons, which can be justified under the provisions of law in the due course of performing their duties or powers to constitute a law. It also instructs the state courts to be bounded by the supreme law. If in case there is any conflict between federal laws and state laws, the federal law must prevail. In a nutshell, if there is any conflict between state and nation, privilege will be given to the supreme law or the national
a document needed to be created to strengthen the central government and at the same
The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
Constitution is a necessary feature as it defines how power is disseminated within the government and establishes the rights of the citizens and the laws and rules for the country. In order to be successful, a country’s should reflect and satisfy every citizen’s needs and interests.
The constitution is the bedrock in which our country is based off of today. When it comes to learning and understanding the origins of our country the constitution is a highly important piece. This book goes into great depth explaining how the constitution was forged which makes its relevance to the course very significant.
In the USA and in each of the fifty states, the most basic fundamental is a constitution, which is a relatively simple document and is the self-designated supreme law of the land. As the supreme law of the land, Constitutional Law texts are generally divided into two parts. The first part is about the allocation of powers. This entails two basic principles of American Constitution:separation of powers and division of powers. The former one discusses the interaction among the three constituent elements of national goverment, while the latter one refers to the extent of power possessing by the federal goverment and specification of states' power. Both of the two principles function under one principle----checks and balances. The second part of the Constitution is on the specification of rights and liberties for the individuals. To realize the rights and liberties, the Framers were not only dependent on the allocation of powers, but also on another principle of the Constitution----limited goverment. All above are my thesis' four principles of the Amercian Constitution, of which I will introduce one by one as follows.
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
The importance of Constitution, both in its content and its status, is little appreciated by the general public.
Constitution was the first constitution constructed during the Constitutional Convention and ratified in 1787. This document improved the national government structure through the fundamental laws. The Bill of Rights were implemented to protect basic individual rights, as well as the civil liberties that are implied even though not stated in the Constitution. The Constitution provided separation of powers within the three branches so no branch would have more jurisdiction over the other. These three branches consisted of the legislative which emerged to a bicameral congress, the executive which now be vested in the President, and the judicial which is the Supreme Court where the judges are appointed by the President and approved through Congress. In order to avoid one branch overpowering others, the constitution proposed checks and balances. The Congress is compromised of the Senate and the House of Representatives. After a two year term a member of the representative house must uphold popular vote during elections to take position, and the amount of members is based on the states’ population; whereas after a six year term two new senators appointed by state council to each state take position. During the voting process the senate is granted one vote per representative and senator. In addition, Congress gained the right to levy taxes on individuals which boots the economy to allow Congress access to gather an army and handle issues regarding the
The Constitution of the United States is an intricate document, that has influenced and shaped many newly formed Democratic nations. Many people believe that the ideas in the American Constitution are all novel and original, but that is untrue. The roots of American Constitutionalism are found in the historical paradigms of Western tradition. The fact is, constitutional doctrines were long developed and put into use long before the birth of America. The Greeks, the Romans, the English, and even the Colonialist in the New World all formed constitutional doctrines that would later influence the Founding Fathers of the American Constitution.
The Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments
One of the most unique and vital features of the American government is the establishment of a constitution. This constitution is a result of the fear of tyranny and the idea of rights that are unable to be infringed upon. The Constitution of America became the base of all law and decisions made in court. It gives us the ability to propose and pass laws, who can sit in power, what states can and can’t do under the supremacy clause, disburse funds, etc. In order to truly understand how the constitution can be implicated and interpreted, it is important to understand where it came from, and what Article One of the constitution states about governmental organization, and the Legislative branch.
The Constitution was made off of major political ideas, including the laws of nature and nature’s God, unalienable rights, divine right of the kings, social contract theory, and the rights of resistance to illegitimate government.
While an uncodified constitution has the advantages of dynamic, adaptability and flexibility to meet the ever-changing needs of the society , it poses much difficulty in pinpointing the ultimate constitutional principle that should provide legitimacy in the British constitution. This results in a battle between two broad schools of thought––political constitutionalism and legal constitutionalism.