...Constitutional Issues A. Prior restraint is a concept or legal term referring to a government's actions associated with the First Amendment, freedom of speech, and the prevention of publishing materials. It generally comes in the form of a judicial orders called injunctions and in some cases referred to as censorship. The primary purpose is to prohibit speech in advance of publications, such as preventing specific documents from being released to the public or being published in articles in magazines and newspapers. In most cases, the government attempts to suspend the progress of ongoing publications and prevent their resumptions. Censorship that requires a person to seek governmental permission in the form of a license or imprimatur before publishing anything constitutes prior restraint every time permission is denied. Prior restraint also occur when there is a court order which prevents a particular gathering or assembling of a group from happening; or a policy of requiring licenses or permits before such assembling can occur. B. Sedition is an act of provoking discontent or rebelling against a government or authority. Also defined as an action by speech or writing promoting discontent or rebelling against a government or authority. Sedition has been referred to as mutiny and treason. C. Actual malice actual malice, which it defined as a defendant’s publication of a statement either 1) knowing it was false; or 2) exercising reckless disregard...
Words: 344 - Pages: 2
...Writing Assignment- Constitutional Issues in Criminal Procedure CJC 3110- Spring 2011 April 24, 2011 The Goal most directly associated with my topic is course Goal 1: “Articulate the procedural considerations in the handling of criminal cases.”, and my personal interest in the Fifth Amendment: Due Process and Obtaining Information Legally. My curiosity has always been in the scope of the law surrounding the criminal justice, but more specifically I like to know in more detail about how to obtain the information and the confessions in such a manner that it will not be tossed out of the court. A piece of evidence can make or break the case. If that evidence is not collected properly than the prosecution is looking at a huge loss. Knowing this information is not only helpful in the criminal justice career, but also in our everyday personal lives. If a person caught in a situation where they are being interrogated by the police, it’s good to know what to expect and the full rights. One more key interest in the Fifth Amendment is the Miranda rights and the details surrounding when the rights are given, told, to the person. The objective is to show how cases are handled, and how Fifth Amendment plays one of major roles in the handling of criminal cases. The details of the case are important, and knowing when to make a move and ask certain questions, or making someone confess. Due Process is such an important concept of American law that no precise definition accurately suits...
Words: 1610 - Pages: 7
...Pg. 39-50 Critical Issues at the Convention • Just like the writers of the Declaration of Independence, there were more issues that needed to be addressed if a new government was to be formed. • Even though it was written in the declaration, the Constitution did not say a word about everyone being equally protected under the law. o Representation- The first issue discussed was how to set up the new Congress so that all states have an equal voice. New Jersey Plan- The proposal at the Constitutional Convention that called equal representation of each state in Congress regardless of the state’s population. Virginia Plan- The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state’s share of the U.S. population. • It is obvious to...
Words: 1682 - Pages: 7
...Australian Government The constitutional Monarchy was introduced by the Kingdom of England in the Glorious Revolution in the year 1688 which led to it being created in 1689. From then, many sovereigns ruled from hereditary from when they were born. Australia is an independent nation, but it shares a monarchy with the United Kingdom and many other countries, including Canada and New Zealand which is a part of Australia. The present Monarch of Australia and England to the present day is Queen Elizabeth the second who has ruled since she reigned to the throne since 6th of February 1952 and is the head of the Commonwealth Australia. The Queen appoints the Governor General with advice from the Australian Government. The ministry is appointed by the Governor General and has the power to dissolve the parliament after agreeing with the prime minister. As the Queen lives in Britain and has no power over the things she can’t see she delegates the Governor General who lives on Australian soil to have the power she has of help run the country. With the Governor Generals power, the senate and the House of Representatives, they will work together in the parliament house to run Australia’s Parliament. The Prime minister is the main person in charge of the country and is the one...
Words: 976 - Pages: 4
...Compare and contrast the theories and practice of absolutism and constitutional monarchy during the 17th century. The seventeenth century saw the evolution of two new types of government mainly because of the instability that was caused by religious wars. One type of government was a constitutional monarchy in which rulers were confined to the laws of the state, giving the people some liberties, best exemplified by William and Mary during the Stuart monarchial rule. Constitutional monarchy was successful in mainly in England because of the Magna Carta, which kept the king’s power in check. The other type was absolute monarchy, in which the king has power over everything, shown by the French under Louis XIV. Although these two different types of monarchies had some similarities, ultimately the constitutional monarchies were more successful because they allowed civilians to have more freedoms in everyday life and made the government less prone to rebellion. Though the systems of government differed in monarchial power, there were many similarities. Both constitutional and absolute monarchies were headed by single rulers, which allowed for some sort of corruption through their power. Since they usually ruled for life, rulers were able to spend large sums of money for personal gain as shown by Louis XIV with his palace of Versailles. To be effective, monarchs had to find ways to control the treasury, maintain a standing army, control religious protests, and expand a...
Words: 709 - Pages: 3
...▪ Document is authoritative, highest law of the land. Binds all political institutions – leads to 2 tier legal system ▪ Provisions of it are entrenched, difficult to amend or abolish ▪ It is judiciable, all political bodies are subject to authority of the courts, in particular a supreme court. o Uncodified – increasingly rare, UK one of few ▪ Not authoritative, constitutional laws treated same as ordinary laws ▪ Not entrenched, constitution can be changed through the normal process for enacting statute law. ▪ Not judiciable, judges do not have legal standard to declare that actions of other bodies are constitutional/not constitutional. o However: ▪ No constitution is entirely written, written documents do not encompass all aspects of constitutional practice ▪ No constitution is entirely unwritten, no constitution consisting only of rules of conduct or behaviour. • Unitary and federal o Unitary – establish constitutional supremacy of central government over provincial and local bodies. Reflected in UK via Parliament o Federal – divide sovereignty between 2 levels of government, both central and regional posses a range of powers that the other...
Words: 2123 - Pages: 9
...A constitution is a body of fundamental principles or established models according to which a state or is acknowledged to be governed. The UK’s constitution is part-written and uncodified. There is evidence the UK’s constitution is strong and successful, however there is evidence to also suggest that the UK needs constitutional reform. One huge advantage of the UK constitution is its ability to be flexible and change according to modern opinions or issues. An uncodified or unfixed constitution like the UK’s allows it to me able to keep updated with new social and political situations. It easier to create an Act of Parliament according to a new situation, than to amend a codified constitution. For example, in reaction to this idea of ‘new politics’ and the public’s desire to be able to influence the government between elections, lead to the introduction of referendums in 1997. The UKs democracy has withstood the tale of time and is seen as a huge strength of the UK’s constitution. The UK’s constitution is an example of the UK’s custom and tradition linking generations and has been tested in history to prove that it works. The constitution has adapted and developed over time: it is a ‘living’ constitution due to the idea that it is able to grow. In despite of parliamentary sovereignty, there are a number of ways in which the democratic character of the UK is maintained and the power of the government scrutinized and reduced where necessary. For instance, the House of Lords and...
Words: 754 - Pages: 4
...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...
Words: 10282 - Pages: 42
...Constitution’. It is, indeed, an extremely significant part of our culture and history, as well as being central to our system of Government. It will therefore be necessary to begin any discussion of the constitutional issues involved in its abolition by outlining the current functions of the head of state in Britain. As ‘a state without a monarch is a republic’, it will then be necessary to consider the constitutional issues which would be implicit in giving effect to such a republic. These issues will include decisions as to the type of president we would have, how they would be selected, and the scope and extent of powers they would possess. This discussion is not intended to be one of the relative merits of a monarchy versus a republic: indeed, the decision to abolish the monarchy has already been made. Rather, it is an attempt to answer the question of how this central feature of our constitution could be replaced. In answering this question, I will look to a possible alternative, namely an elected president, and determine whether, and on what basis they could take over the functions of the monarch. Other constitutional issues regarding the selection of such a President must then be considered, along with other constitutional issues arising in this context. As a preliminary issue, it should be noted that in this hypothetical situation, it is Prince Charles, or rather King Charles III, who is on the throne. The Queen’s reign has ended and the Crown automatically passes to...
Words: 3236 - Pages: 13
...The Advantages of a codified constitution now outweigh its disadvantages In this essay I plan to go against a codified constitution as I believe that our current constitution is fine they way it stands. There are many reason for keeping a un-codified constitution. There will also be some disadvantages to it like there is to everything, but the advantages will outweigh the disadvantages. One of the reasons to keep our un-codified constitution is because our system can work well in any terms of crisis or emergencies. Such as the 9/11 terrorist attacks on america. When the 9/11 terrorist attacks happened in america on the 9th of september 2001 a law in the UK was passed against terrorists. The Crime & security act was passed in december of the same year. This act have the government the power to detain any suspected terrorist without trial for at least 28 days. This is one of the advantages of the un-codified constitution that we have in the UK, as this proves we can react fast enough to stop things from getting out of hand. In the USA and other european countries have had a much harder problem with terrorism as they have a fixed constitution. So changing laws takes a long time. Although this is an advantage, in other ways its a disadvantage. This act affects the effect & cross of human rights. With this you could cause distress and harm to a person who may not have convicted crime or any terrorist acts at all. If the UK was to change to a codified constitution...
Words: 1041 - Pages: 5
...Future Development of the Britain…….………………………………………. 8 III. Expensive……………………………………………...…………………………………………………………. 9 6. Comparison to American Head of State…………………………………………………………………… 11 7. Recommendation……………………………………………..……………………………………………………. 11 8. Conclusion…………………………………………………………………………………………………………….. 12 9. References……………………………………………..……………………………………………………………… 14 1. Introduction Monarchy was the primary government form for a majority of European countries before 1914 (Bogdanor, 1995). However, in modern Europe, few countries retain the monarchies. The United Kingdom, as one of the most developed countries, still maintains the position of monarch as the head of state. Today’s British monarchy, which is also called a Constitutional Monarchy, is quite different from the past ‘absolute monarchy’. “The monarchical shell remains intact, but the inner workings have been taken over by party political leaders,” says Norton (2007). In the past, the monarch...
Words: 3077 - Pages: 13
...Parliament Source Questions (6/10) Specification a) Describe three functions of Parliament b) With reference to the source, and your own knowledge, explain why government needs an effective Parliament c) Analyse the main factors that limit the effectiveness of Parliament Jan 2010 a) With reference to source, what changes to the second chamber are proposed? b) With reference to the source, and your own knowledge, explain the arguments for a fully or partly elected chamber c) Make out a case against an elected second chamber Jan 2011 a) With reference to the source, describe two functions of the House of Commons b) With reference to the source, and your own knowledge, explain how the House of Commons can control the power of government c) To what extent is the House of Commons effective in carrying out its various functions? May 2011 a) With reference to the source, describe three proposals that seek to strengthen parliamentary representation by increasing popular participation b) With reference to the source, and your own knowledge, explain how three of these proposals seek to make government more accountable to Parliament c) To what extent will the coalition government’s proposals bring about an effective reform of Parliament? Jan 2012 a) With reference to the source, why are legislative committees needed? b) With reference to the source, and your own knowledge, explain the ways in which backbench MPs can call government to account c) To what extent has the...
Words: 1305 - Pages: 6
...political ideology and opinions in what’s happening in the world right now. I would categorize myself as a Liberal. Liberal and conservatives have their own view in how they see certain issues. However, I can be liberal in some issues and conservative in other issues. Being a Muslim, how I view things can be different from anyone who doesn’t share the same faith as me. For example, same sex marriage is legal in some states in the United States. Religion wise, I totally against same sex marriage because it is forbidden in Islam and been regarded as a sinful act. From the perspective of humanity, same sex marriage would make no sense because the couples cannot reproduce an heir. Besides that, there are also different opinions on abortion. Muslims regard abortion as wrong and forbidden but many accept it may be permitted in certain cases. From my understanding, abortion on the ground of financial reason or not be able to take care of the baby when the baby growing up is a great sin in Islam. In my opinion, the mother should be allowed to abort her baby if it’s because of poverty. The reason is if the mother cannot provide the baby with food and shelter than there is no point of keeping the child. Every child deserves the basic needs to grow up. The reason I mention this is because I don’t view all issues from Islamic perspectives. Some of the things you just need to be logical and reasonable. My ideology would base on liberalism and use of Islam as an official religion and as an element...
Words: 1072 - Pages: 5
...Government & Politics Essay The UK needs a codified constitution: A constitution is a set of laws, rules and practices that authorize the state to govern, also specifying the powers of the governing institution and the formal relationships between them, civilian and the state. There are numerous types of constitution. Constitutions could be codified and uncodified, unitary (Centralized government makes legislation, and passes it down through local authorities) or federal (Power travels up through regional bodies to the centralized state.) The United Kingdom is unique in other words there are just 4 nations around the globe that have a written constitution and the UK is one of them. The others being Israel, Canada and New Zealand. On the other hand the USA is an example of a codified constitution. A codified constitution is a constitution in which key written documents are gathered inside a single document, it is generally known as a written constitution. Additionally they are entrenched, enjoying the protection of higher court. Moreover in a codified constitution laws can only be amended by special provisions. Therefore making it rigid, in other words it is extremely difficult to pass laws in a codified constitution. Alongside this, an uncodifed constitution relies on various sources meaning it is not written down in a single document, this is in contrast to a codified constitution where all the laws are to be found in one single document. In addition an uncodified...
Words: 968 - Pages: 4
...my fellow-citizens which is here assembled to express my grateful thanks for the favor with which they have been pleased to look toward me, to declare a sincere consciousness that the task is above my talents, and that I approach it with those anxious and awful presentiments which the greatness of the charge and the weakness of my powers so justly inspire. A rising nation, spread over a wide and fruitful land, traversing all the seas with the rich productions of their industry, engaged in commerce with nations who feel power and forget right, advancing rapidly to destinies beyond the reach of mortal eye—when I contemplate these transcendent objects, and see the honor, the happiness, and the hopes of this beloved country committed to the issue and the auspices of this day, I shrink from the contemplation, and humble myself before the magnitude of the undertaking. Utterly, indeed, should I despair did not the presence of many whom I here see remind me that in the other high authorities provided by our Constitution I shall find resources of wisdom, of virtue, and of zeal on which to rely under all difficulties. To you, then, gentlemen, who are charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that guidance and support which may enable us to steer with safety the vessel in which we are all embarked amidst the conflicting elements of a troubled world. During the contest of opinion through which we have passed the animation...
Words: 1739 - Pages: 7
