...My name is Cristian Jimenez and I am a community member who resides in your state of New Jersey. I am writing to you today in regards to the recent national debate about whether or not our colony, New Jersey, should ratify the new Constitution or not. Ratifying the Constitution would greatly benefit New Jersey but more importantly, it would benefit all thirteen colonies as a whole and united everyone as a nation. Some individuals may argue that this new constitution is a threat to our liberties. They are opposed of ratifying the Constitution. They are against the idea of one central leader, a president, ruling everybody. The fear of central government taking state powers away from them is always on their mind. The states are more in touch with their economic and social issues and would much rather have their representatives to be in touch with their own community. They do not want to relive the corruption of a tyrant kind they fought so valiantly to be freed from. They declared their independence after a very hard fought war and oppose anything that strikes any similarity to a king. However, if they simply reviewed the constitution, they would realize that our liberties are very well protected. First of all, how do we expect to run our country with...
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...The New Rule The United States of America was once a collection of British colonies before it transformed into a nation. As the colonies became independent from Britain and unified into a nation, the people realized that they needed a government that would support the people – a government that was not corrupt and did not hold absolute power. The American people did not want a repeat of the oppressive British rule that they had just freed themselves from. The leaders of America looked to the previous rule of the British rule to decide what their new government could not take away from the people. The Declaration of Independence influenced the Constitution by revealing how the people’s rights were once infringed and provided the stepping-stones on how to protect those rights. In the Declaration of Independence, the grievances of the British monarch are listed. The rule of the King was oppressive and the people had little to no rights to fight against it. A quote from the Declaration reads, “He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.” (1) Which explains how the British Monarch...
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...the new nation after the colonies declared independence from Britain, The United States of America, came up with the articles of Confederation in order to govern the country. After the articles of Confederation was failing, the Constitutional Convention met up in Philadelphia in 1786 in order to amend the articles of Confederation. During this convention they came up with a new and improved Constitution. Both of these constitutions were very different from each other and were both opposed by different groups of people. Both of these constitutions had some drawbacks but in the new constitution things can be amended with three-quarters of the states approving the amendment. The Articles of Confederation was the first constitution that the United States of America came up with. It became the constitution of the United States from the time the United States became a nation until 1776. One key factor of the Articles of Confederation was that power was given mainly to the states rather than the federal government. The groups that supported the Articles of Confederation were famers and small merchants because the center of political power was in the state rather than the federal government which benefited them. Under the Articles of Confederation, the states were the ones whom were allowed to levy taxes and also were allowed to negotiate separate treaties with foreign countries. Since the federal government...
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...strengths of the UK constitution [25 marks] A constitution is a set of principles, that may be uncodified (unwritten) or codified (written), that relates to how power is distributed within a political system, and establishes how a state is to be organised and governed. Constitutions seek to establish duties, powers and functions of various institutions of government and contribute to defining the relationship between the state and the individuals, for example, defining the extent of civil liberty. The UK constitution helps provide legitimacy to those, of which, are in power, but also limits government power. Although the UK constitution is uncodified, as a whole, parts of the constitution are codified, for example, the European Convention on Human Rights is a codified part of British Law, even though it was designed and created by the Council of Europe, in 1950. Firstly, the UK constitution, being uncodified, means that it is flexible and can be easily adapted to changing circumstances, which could include referendum use and the continuous changing role of the House of Lords. The UK constitution is often called 'organic', which means that the constitution is rooted in society, and consequently means that when society and it's values change the UK constitution can adapt and change to society, without delay or hesitation. Furthermore, because the UK constitution is uncodified, it allows Parliament to pass Acts, without long delays and also allows new, uncodified conventions...
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...The British constitution is becoming increasingly codified. Discuss. (25 marks) The British constitution as it stands is currently an uncodified constitution, this means that the basis of the UK consititution is drawn from a number of several different cources, some of which are written and some of which that are not,for example the main sources of the British constitution are: major consititutional documents, works of authority, conventions, statute law, European law, and common law. There is no one singular written constitution. This would be a codified constitution where all of the laws and rules of authority are written in one unified document, this form of constitution is, for example, within use in the USA. Although the British constitution is an uncodified one presently, it can be argued that it is becoming increasingly codified for several reasons. One of these reasons is due to the effects of our membership as a country in the EU, as of 1973. One of the effects that took place in UK politics after joining the EU was the introduction of the 1998 Human Rights Act. This would enshrine the already present convention within UK law, but would also effectively replace much of the common law within respect to various freedoms for the countries population, (for example the freedom from arrest without trial, which would later result in tension over terrorism and attempted terrorism, and the freesom of speech assembly). The introduction of the Human Rights Act in the UK increased...
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...of Britain’s ‘un-codified’ Constitution Britain are one of the few countries in the world that still posses and un-codified constitution, other states that posses un-codified constitutions are New Zealand and Israel. A constitution is a set of rules which guidelines what the people of the nation and the government have the rights to do, these rules or guidelines are normally printed in one sovereign place. An un-codified constitution differs from this as is not one sovereign book or piece of writing that outlines the rules of the state. This short answer will assess the strengths and weakness of Britain having an un-codified constitution. The first strength to consider is the fact that our un-codified constitution is more flexible then a codified constitution. Many nations find it difficult to pass legislation because the constitution holds the government accountable and protects the individuals. Example of this could be after terrorist attacks Britain was able to quickly pass legislation detaining terror suspects for longer period of time, where as other nations constitutions protected the individuals liberties and prevented their governments from detaining suspects for long periods of time. From the first argument we can see that flexibility is a strength of an un-codified constitution, however it can also be a weakness. Without the codified constitution there is no checks on the government other then the opposition, a codified constitution creates a just political system...
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...The British constitution has become increasingly codified, discuss. A constitution is a set of rules that defines the manner a country is run. The British constitution is said to be an unwritten constitution, more accurately it is uncodified as much more of the British constitution is written down, however, they are not all written down in a single document like a codified constitution would require as how the US is, however draws from several different sources such as; statutes laws, common law, conventions, EU laws, authoritative documents etc. Statute law, is a written law passed down by parliament for example the human rights act of 1998 which brought the European convention on human rights into British law, conventions is another source of the British constitution, they are unwritten laws considered binding on members of the political community for example the Salisbury convention which made sure that the house of lords does not obstruct proposals contained in the governments most recent manifesto. Has the British constitution become increasingly codified? Its not the case that the British constitution is being written in a single document but in fact that more of the constitution is being written down as there is increasingly more written statutes that have great constitutional impacts as they are passed by parliament making them more rigid therefore harder to change as parliament has ultimate sovereignty, however you could say the EU laws are exempt from this,...
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...Government & Politics Unit 2 * Constitution * Codified Constitution ✓ * Advantages & Disadvantages * Features * Uncodified Constitution ✓ * Advantages & Disadvantages * Features * Is Parliament Sovereign? ✓ * Arguments For and Against * Strengths and Weaknesses of the UK’s constitution ✓ * Constitutional Reforms – Coalition and 1997-2010 ✓ * What are they? * Are they effective? * PM & Cabinet * Features & Functions of the PM ✓ * What must a politician be to becoming PM * What can a PM do? * Functions of Cabinet ✓ * Factors that affect promotion and resignation of a minister ✓ * Powers and Constraints of PM ✓ * Theories of Executive Power ✓ * PM V Cabinet ✓ * Parliament * Functions of Parliament ✓ * What are they? * How effective are they? * Powers of Parliament ✓ * What are they? * How effective are they? * Parliamentary Reform ✓ * What are they? * How effective are they? * Relationship between Parliament and Government ✓ * Factors that affect it * How the coalition affects it Constitution: 2 Types of Constitution * Codified & Uncodified Codified Constitution * Constitution where the rules are written down in a single document. Example could be the USA...
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...Advantages of Codified Constitution Clarity of Meaning Part of the benefit of a codified constitution is its clarity of meaning. Liberal supporters of codified constitutions have praised its 'predictability.' This means that anyone subject to the constitution is fully aware of its meanings and stipulations. This clarity makes it easier for the judges who oversee the passing of new laws. A process called judicial review sees judges voting on whether new laws are constitutional or not. This protects the constitution from any new law which may compromise it. Organizational Convenience The gathering together of all the fundamental principles and highest forms of law in one place gives the judicial system a convenient point of reference. In countries without a codified constitution, the law is made up of statutes, precedents, conventions and works of authority. This separation of different components of law can slow down the judicial process. Entrenchment Entrenchment is the word used to describe the way in which a codified constitution is protected from those who would change it. Special procedures are required to amend a codified constitution, and this usually requires a 'super majority' before any such amendment is passed. This protects the fundamental principles of the constitution, for example the right to a trial before a jury that is enshrined in the bill of rights. This provides a separation of powers, limiting the amount of damage one democratic party can do to another...
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...1. constitutionalism, constitutional supremacy and the rule of law 1. constitutionalism a. Constitution without constitutionalism? Keith E Whittington, constitutionalism [5] * Constitutionalism = the constraining of government in order to better effectuate the fundamental principles of the political regime. i.e. A system of effective restrains on governmental action. * Constitution (often) = the written document that formalizes the framework of government * => Constitutionalism should be distinguished from the mere possession of a constitution * Written constitutions may provide few effective constraints on government or may be ignored, and governments may be effectively constrained w/o a written constitution (e.g. Britain) * Constitutionalism often (does not mean it necessarily equals to) associated specifically with liberalism, protection of individual rights against the state. * => constitutional state identified not by possession of a constitution but by its effective protection of individual rights. * (but individual rights only one set of fundamental principles that might impose meaningful limits on power of the state) * Constitutionalism also used to constrain power holders to care for the common weal or adhere to particular conceptions of national identity or religious law * 3-fold classification of province of constitutionalism * Normative Constitutionalism (most touched-on area) * Concerned with...
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...Abstract Having fixed-term Parliaments in the United Kingdom is something that has been debated across the political spectrum for some years and, with the enactment of the Fixed-Term Parliaments Act 2011, is no longer something which is merely debated, but a political and constitutional reality. The Act came into force with little consultation, research, or advice to or by the Government; it was exceptionally hurried legislation. This means that there is little written on the wider constitutional effects of the Act, and it is exactly that which this essay will try to examine. To analyse the Act’s significance I have looked at the position prior to the Act and what the Act changed, before moving on to examining and critically assessing the plethora of arguments that both sides put forward. A fuller copy of this paper is available upon request. 1 The Position Before the Act and how the Act has Changed it: The changing of election timing in the United Kingdom is something that is not often tampered with. The Meeting of Parliament Act 1694 provided that a general election for Parliament must be held (at most) every three years. The Septennial Act 1715 changed this to a maximum of seven years. Finally the Parliament Act 1911 amended this to provide for a five-year maximum term before a general election must be called. Before the Fixed-Term Parliaments Act 2011 the power to dissolve Parliament was retained by the Crown, under the royal prerogative. The royal...
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... Public law concepts have not kept pace. In the words of an author of the book reviewed here, reflecting on the concept of ‘the state’ and the problem of sovereignty: in political as in constitutional legal theory, we still need to cut off the King’s head,1 as we are still entrenched in the philosophical and constitutional language of the 19th century.2 But recently, with European integration and globalisation, change has also occurred in the traditional concepts of public law such as “state” or “constitution”. The book edited by Bamforth and Leyland is about this change over the last thirty years or so.3 “Public Law in a Multi-Layered Constitution” is a significant contribution to a better understanding of how public law is transformed, in Great Britain and elsewhere. The title of the book as well as its introduction (pp. 1-26) state that its central theme is the transformation of the British constitution into a “multi-layered constitution.” This is meant to refer to a constitution that “contains multiple, but inter-connected and sometimes overlapping European and national layers”,4 where “power (both legislative and political) has been spread away from the Westminister Parliament, both ‘upwards’ to the European Union and ‘downwards’ to the devolved assemblies.”5 The editors’ claim is that this restructuring of the constitutional architecture of the United Kingdom is occurring while there is also a rebalancing of the roles of the courts and parliament in holding the executive...
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...answered via a comparison. Because of this comparison a certain structure is maintained during this paper. It will discuss the key points of the German political form first, where after the key points of Spain will be discussed. These two forms will be compared to each other, to expose to what extend Spain is a federal State. For the purpose of this paper, federalism entails that there needs to b e a form of political integration whereby the states, transfer sovereign powers to the federation. The federation then would control the actions from the states from a central government. Key-marks of federalism will be broad competence for the states, limited competences for the central government and entrenchment of divided power in the constitution. For this paper the distinction between co-ordinate federalism and co-operative federalism is made. In co-ordinate federalism each state is separate, has its own exclusive competences, its own administration, its own taxes and a minimal need for co-operation. Co-operative federalism on the other hand entails more collaboration between the states and the central government. Competences between states are mostly shared, the central government legislated and the states are to implement this legislation in most fields, the states are however represented in the legislative procedure, taxes are shared and there is a stronger need for co-operation compared to co-ordinate federalism. Evidently, different distinctions between federalism can...
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...Constitution Notes What is a constitution? * A constitution is a body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed. * A ‘constitutional govt.’ is a govt. that functions according to rules laid down in a constitution * Unconstitutional behaviour is anything that falls outside the accepted rules and norms of the political system Codified or uncodified? Types of constitutions | Codified | Uncodified | A codified constitution is when the laws, rules and principles specifying how a state is to be governed are set out in a single legally entrenched constitutional document. | An uncodified constitution is when the laws, rules and principles specifying how a state is to be governed are not set out in a single legally entrenched document but are found in a variety of sources such as statute law and EU law. | Should the UK adopt a written constitution? | Yes | No | 1. Provides greater clarity on what is or is not constitutional. 2. Citizens’ rights are better protected. 3. Fundamental laws and rights would be entrenched. 4. Would provide increased reliability and certainty for citizens and government. 5. Places limits on the power of the executive and politicians. | 1. Would end the flexibility of the current UK constitution which would make the laws of the land harder to adopt. 2. Laws would become difficult to amend. 3. Gives too much power to the...
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...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 constitution is not entrenched and...
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