The Right to Keep and Bear Arms: A Right to Self-Defense Against Criminals and Despots by Robert Dowlut[*] If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. -- James Madison[1] INTRODUCTION A written constitution is a reminder that governments can be unreasonable and unjust. By guaranteeing that "[a] well regulated militia, being necessary to the security of a free State, the
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Constitution What is a constitution? • Set of rules seeking to establishing the duties, powers and functions of the various institutions of government • To regulate the relationships between and among the institutions • Define the relationship between the state and the individual, define extent of civil liberty Types of Constitution • Codified and uncodified o Codified – enshrined in law and based on 1 single authoritative document outlining powers of institutions
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expenses. Law comes from 3 sources: 1) The constitution 2) Legislation 3) Court decisions Ultra vires – Beyond the powers and therefore void (For example, If an act can’t be handled in the provincial courts than it is said to be “ultra vires”) The Charter of Rights and Freedom * The Charter is entrenched in the constitution and therefore cannot be repealed by and ordinary act of Parliament or of provincial legislatures. The constitution is the supreme law of Canada. * Amendments
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American Government II Federal preemption, displacement of U.S. state law by U.S. Federal law. "Preemption" is also sometimes used in the United States to refer to the displacing effect state laws might have on ordinances enacted by municipalities, especially in the context of alcoholic beverage laws, gun laws, and in the area of FDA approved pharmaceuticals. A technique of Congress to establish federal regulations. Total preemption rests on the national governments power under
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that corporations are persons, also known as the doctrine of corporate personhood. Corporate personhood is the term, used to describe corporation’s rights and protections under the Constitution and Bill of Rights ( Encyclopedia of emancipation and abolition, 2011). Corporate personhood recognizes that by law, corporations are entity’s that have the rights to have a name, sue and be sued in court, be a party to contracts, have property ( Encyclopedia of emancipation and abolition, 2011) and participate
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it to be moral in character? Why other systems of governance tend to challenge the basic fabrics of democracy? Why democracy has turned out to be more productive than other forms of government? Then focus shifts to paradoxes entailed in self evident truth of American democracy. Is American democracy a representative of a true democracy? Does it cater the smaller factions of society? Has the democratic system fostered the rights of liberty, justice, life and pursuit of happiness to good effect for
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Ms Margot Davids - Chief Director – Children 2.2 Devolution of Legislative Powers to Municipalities: 10 Prof Jaap de Visser - Community Law Centre – UWC 2.3 Local Government, The South Africa Constitution and Child Rights 13 Andre Viviers - UNICEF SA 2.4 S.A. Law Reform Commission- Position Paper: Local Government and the Implementation of the Children’s Act 15 Dr Jackie Loffell - Johannesburg Child Welfare 2.5
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The purpose of the Fifth Amendment by the Framers of the Constitution was to protect the people from any governmental tyranny. The Constitution added this provision to mostly protect offenders from those who will initiate legal proceedings without exceeding their authority. The Legal principles of Fifth Amendment were ratified in 1791 with all the requirements for a person whose in accused of a crime. The Fifth Amendment included the grand jury requirement, double jeopardy, self-incrimination, due
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Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of
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RESEARCH PAPER “Freedom from Arbitrary Detention is a Fundamental Human Right” WHAT IS DETENTION? Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to (pending) criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation
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