...Overview of the United States and Mexico Court Systems “Court system the judiciary also known as the judicial system or judicature is the system of courts that interprets and applies the law in the name of the sovereign or state” ( Freedman, 2000). The judiciary provides a mechanism for the resolution of disputes. Purposes and responsibilities of courts require balance between external and internal accountability. Courts do not serve their enduring purposes or continuing responsibilities unless their structure, governance, operations, programs, processes, and performance lead to the reality and deserved public perception that the judiciary is accountable. The courts’ responsibility for the proper use of public money is to ensure rule of law, equal protection and due process, individual justice in individual cases, and the appearance of individual justice in individual cases. In the United States, judicial branches of the federal and state governments are charged with the application and interpretation of the law. The U.S. court system is divided into two administratively separate systems: the federal and the state. Each of these systems are independent of the executive and legislative branches of government. Such a dual court system is a heritage of the colonial period. “By the time the U.S. Constitution had first mandated The Judiciary Act of 1789 the establishment of a federal judiciary, each of the original Thirteen Colonies already had its own comprehensive court system...
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...principles of the constitution. Constitutionalism can also be defined as a modern concept that desires a political order governed by laws and regulations. Within the concept of constitutionalism is the idea of limited, open, transparent and accountable government which must truly represent the will of the people and not simply smoke-screen the will of the people. Mwansa (2013:10),explains that it is a complex ideas, attitudes and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. Constitutionalism is there to tame wayward governments that see no limits to their powers or simply ignore such limits in the guise of pursuing a common or greater good. In a state that recognizes the importance of constitutionalism, the leaders are bound to observe both limitations of power and the procedures which are set out in the supreme constitutional law of the community. Constitutionalism ensures that governmental powers are limited beyond theory, and in practice. Constitutionalism goes beyond a good constitution and beyond constitutionality of governmental action or a country’s laws.Constitutionalism is a concept associated with the political theories of John Loce and the founders of the American republic and equated with the concept of regular juris, which means the Rule of law. Carl J. Friedrich,explains that , “ Constitutionalism by dividing power provides a system of effective restraints upon the governmental...
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...governance for all states and individuals. Through these mechanisms, the Constitution establishes a balance of power that prevents any group or individual from dominating the government and protects the liberty of its citizens. One way the Constitution guards against tyranny is through federalism, which divides power between the national and state governments. This division ensures that no single state can override federal authority or enact policies that would lead to inconsistency...
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...1. Mayflower Compact – I choose this event because this was a big deal for the state, and this led to the beginning of thanksgiving. According to the text the “Pilgrims crossed the Atlantic Ocean in a tiny ship called the Mayflower.” The Pilgrims agree to abide by the laws which were made by their own elect officials; this agreement was the Mayflower Compact which was led by William Bradford. These settlers established their colony with the assistance of an English-speaking Indian named Squanto. In the fall of 1621, the surviving Pilgrim celebrated their good fortune with a feast which is known as Thanksgiving today. 2. The Treaty of Paris – I choose this one because this is the document that got us our independence from Great Britain. According to the text “Americans negotiated the official term of peace with Great Britain in 1792, in addition to peace, the resulting Treaty of Paris, signed in 1783.” After the treaty was signed it was recognized as American...
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...part, I may be subjected to the strictest disciplinary action at the discretion of Taylor’s University Malaysia. _______________________ NAME : TEY LI YING STUDENT NO: 0321795 NRIC NO: 970628-60-5046 DATE: 17th OCTOBER 2014 ‘Indeed, an absolute separation would in practice be counterproductive in that it would prevent the abuse of power by preventing the exercise of power. Government could not operate if this were the case.’ Neil Parpworth, Constitutional & Administrative Law, (Oxford University Press, 2008) Discuss whether this statement is true in the UK. If it is, how does UK prevent the abuse of powers if there is no strict separation of powers between the Executive, Legislative and the Judiciary? John Locke’s conception of “where-ever law ends, tyranny begins” can be linked inextricably with the ideology of separation of powers. To elaborate on that, if one were to take advantage of the authority given to him by law, oppression would be deemed unavoidable. Hence, the establishment of the political theory, separation of power, seeks to...
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...democratic society are protected from oppression by laws and limits on governmental power. Democratic governments put laws into place to protect their citizens and to ensure a safe and fair society. The people who lead a democratic country have to obey the same laws as everyone else. Democracy is a form of government in which all eligible citizens participate equally—either directly or indirectly through elected representatives—in the proposal, development, and creation of laws. It encompasses social, religious, cultural, ethnic and racial equality, justice, liberty and fraternity. The quest for democracy in Bangladesh is moving in circles. The country gained its independence through both the democratic process and through war. During the four decades of its existence as a nation-state it has endured spells of military and non-military rules. Of the latter all were not elected. The elected governments seemed to betray superficial practices of democracy. In Bangladesh today, we have a situation where 153 members of the parliament out of a total of 300 have been elected uncontested. Obviously it means that more than half of the population of the country would not have any say in the election of the next parliament. It is also obvious that if there is no opponent, the lone candidate would be elected and it would...
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...is and enacted constitution given by the convention in Philadephia and officially adopted on March 4, 1789. (III)SOVERIGNTY OF THE PEOPLE: the preamble of the U.S. Constitution laid emphasis on the sovereignty of the people. It starts with the words. "We the people of the United States". Which clearly indicated the soverignty of the people. (IV)SUPREMACY OF CONSTITUTIONAL LAW: The Constitution of U.S. is the basic law of the country to quote Constitution itself. "This Constitution and the laws of the United States which shall be made in pursuance there of ............ shall be the Supreme Law of the land. (V)CONVENTIONS: Conventions played an important role in the development of the Constitution and they are also the basic featur of the U.S. Constitution e.g. the growth of the cabinet of the American President is the result of convention. (VI)RIGID: American Constitution is a rigid Constitution because requires a special procedure to amend it. Every amendment, which can be moved in two different ways, must be ratified by the three-fourths of the state will be and elected one. (VII)REPUBLICAN: The U.S. Constitution guarantees to every state a republican form of Government the head of every state will...
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...between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson/Diiulio/Bose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States as an integrated nation brought changes to the system. Federal government evolved following the creation and implementation of the United States Constitution. The state governments were not abolished with the conference that states will partially lose their sovereignty or independence. (Wilson/Diiulio/Bose,2014) American Federalism ever since then has been observed constitutionally conceding the national and state governments to apply their exclusive powers but also mandatory to share in other powers. For example, the power to print money, declare war, enter treaties with international government, and handle international affairs has been settled to the federal government (Longley, n.d.). The states could no longer run their own monetary system, declare war, or handle international activities beyond their granted power. The state governments maintain their own powers...
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...founding father who played a key role in how the United States of America is today. He was born on April 29, 1745 to Capt. David and Jemima Ellsworth in Windsor, Connecticut. He went to Yale University but eventually transferred to Princeton, or the college of New Jersey. Ellsworth studied theology and got his A.B. degree after 2 years. After he earned his A.B. degree, Ellsworth switched to the law. After 4 years of study, he was admitted to the bar in 1771. In 1777 Ellsworth became Connecticut's state attorney for Hartford County. He was also picked to be one of Connecticut's representatives in the Continental Congress. He served six terms until around 1783. Oliver Ellsworth was one of the five men who supervised Connecticut's war expenses. In 1779 he became a member of the council of safety, which controlled all military measures for the state....
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...premises of United States. This paper intends to explore the Court System of United States. The major historical developments in the courts of United States will be discussed. Moreover, the rationale of the dual court system of the United States will be outlined. This paper will also explore the correlation between the historical developments and the dual court system of the United States. Discussion The development of the state courts within United States can be traced back from the colonial period. Every state in United States organizes its court system independently. Every state has been provided with the right to choose its own organizational structures and the possible jurisdictions of their respective courts. Various types of courts have been developed throughout the history of United States. The federal level states have trial courts normally called district courts and circuit courts which are the appellate tribunals. In New York most of the trial courts are considered supreme courts (Columbia Encyclopedia, 2007). The development of court system started in the colonial period. Local judges were called magistrates on the lowest level of their colonial judiciary. By the early eighteenth century, the development of formal courts started. After the American Revolution in 1775, distrust towards the judiciary was developed because of the declaration of courts as unconstitutional. State courts were prominent during the civil war and the industrialization era. Modern state courts...
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...Revision Notes The Japanese Occupation The Japanese occupied Malaya for only 3 ½ years (from 15 Feb 1942 to 15 August 1945) Had a great impact on the country – the conquest of the whole of Malaya was fast and effective The attack started from two directions, from the East and the West After landing in Kota Bharu, the Japanese soldiers rushed to Kuantan and then to Mersing. On 12 Dec 1941, Jitra was captured, followed by Penang Island and Slim River. In Jan 1942, the Japanese soldiers entered Kuala Lumpur, and both the Japanese military troops met in Johore Bahru On 15 Feb 1942, Singapore fell to the Japanese army. The main aim of the Japanese was to establish a New Great East Asia government. The Japanese promised to declare independence in certain South East Asian countries. The Japanese Victory The Japanese military conquered Malaya quite easily although the British military was equipped with better firearms and were greater in number than the Japanese There are a few lessons to be learnt from this. 1. The British were not prepared for the war. They did not anticipate the Japanese attack from the north. 2. The fact was the Japanese had a comprehensive plan in which they had a network of spies in Malaya. 3. In addition to that, the Japanese soldiers were in excellent form because of intensive training and were led by capable and experience leaders (such as Yamashita and Tsuji). 4. The Japanese were enthusiastic and inspired to fight for the importance and...
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...Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between judicial independence and Parliamentary sovereignty for the people of Australia, and to bring to an end the ongoing debate of whether Australia really needs a bill of rights. To begin with, consider the Framework’s initiatives. The first objective “reaffirms” the government’s commitment to international treaties...
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...Phoenix How the Constitution addressed the complaints in the Declaration of Independence: The United States Constitution was established to help set-up the first form of government, in the year 1787, and the Bill of Rights was later added in the year 1791. The Constitution was established for the common good of all people. The Constitution and Amendments were written to fix the problems stated in the Declaration of Independence which was written in the year 1776. The United States Constitution reflects and supports the idea of the Declaration of Independence. Many different problems from the Declaration of Independence needed to be fixed through the Constitution.”He has refused his Assent to Laws, the most wholesome and necessary for the public good”. (Declaration of Independence) The King of Great Britain refused to set laws for the common good of all people. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government. So according to the first amendment, the people’s common good is protected by Congress. There were several economic problems said in the Declaration of Independence, for example:” the imposing of taxes on us without our consent.” (Declaration of Independence) Colonists were extremely angered by the fact that Great Britain felt as if they had the right to impose...
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...Over many years, the United States Government has worked together to create an even bigger and better government than before. Our government has made some amazing decisions, as well as some very poor ones. Two major events that occurred back in the late 1700s were Shay's Rebellion and the Articles of Confederation. Both events were very harmful to our government we needed to come up with something quick before it fell apart. That's when we had the incredible idea of the Constitution. For as long as we can remember, the United States was getting controlled by Great Britain. They began putting taxes on the American colonists and provoked us deliberately. We had no voice in representation and our colonists were getting sick of being controlled by another country. This wasn't fair to the United States. We were not just going to stand around and have another country annihilate us. That's when we decided to fight for our independence against Great Britain. It all started around 1776 when the second continental congress voted to declare independence. The colonists finally were able to revolt from England and be our own country with our own type of Government. On July 4th, 1776 Thomas Jefferson drafted The Declaration of Independence which was a document stating that people have the right to overthrow a government that is not...
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...The Constitution of the United States of America is a document that notes the supreme laws of the U.S. The creation of the Constitution addressed and corrected many issues. The U.S Constitution was signed on September 17, 1787.This document established America’s nationwide government and the essential laws. (The U.S. Constitution, 2014) It also assured some basic rights for the citizens. Before the Constitution was established, there were many issues which were argued politically. There were many laws that were of conflict between states, courts, and branches. The Constitution helped to shape those conflicts caused by previous documents that lacked the necessary foundation that were argued. Problems and weaknesses of Declaration of Independence and the Articles of Confederation were the two documents that was addressed and corrected by the Constitution. The Declaration of Independence was the founding document granting the thirteen colonies their independence. The Declaration of Independence had many grievances that were addressed by the U.S Constitution. The grievances were corrected by the Constitution. Article I, Section 8, Clause 1 addresses the imposing on taxing without the consent of the civilians. The main problem was of taxation without representation. This is the power to tax and to spend the money raised by taxes, to provide for the state’s defense and general welfare. This was supported by the 16th amendment. Congress was able to levy an income tax. The Article...
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