A. Object and Scope of the Study of Constitutional Law
Constitutional Law in this concept more emphasis on objects which are the subject of studies in Constitutional Law itself. In connection with the definition of the Constitutional Law on the corner of the object of this study Van Vollenhoven (Netherlands) in his book "Staatrecht Over Zee" states: Constitutional Law is the law that governs all people, law-top to bottom, which in turn determines the area neighborhood people, determine ruling bodies, authorities and functions within the legal community.
While Paul Scholten (Netherlands), in his book "Staatrecht, Algement Deel", defines that the Constitutional Law is a law that regulates the state organization or organizations of a country.
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Donner. According to the professor of the Netherlands, the object of inquiry constitutional law is "the breakthrough with the state law" (de doordringing van de staat met het recht). That is, the state as an organization (power / position / folk) intruded by a variety of law. In the study of Constitutional Law was actually there is also a special branch of science that did a comparison study between the various constitutions, namely the Constitutional Law or Science Comparative Comparative Constitutional Law. Interest comparative method was essentially twofold:
To compare two or more constitutions of various countries in order to find the basic principles of constitutional law;
To compare a constitution that can be studied with another constitution or constitutions of other countries in order to understand more deeply the constitution were examined.
In the book Prof. Jimly, he said that m ccording John AlderJohn Alder formulating the scope of constitutional law by asking a few key questions, which are :
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People who study the Theory of State does not obtain results that can be directly used in practice. While studying Constitutional Law and Administrative Law can directly produce something valuable practical knowledge. This difference can be seen from the use of the term "science" that is attributed to the Theory of State, while the Constitutional Law (verfassungsrecht) and the constitutional law (verwaltungsrecht), although it can be done, it is not uncommon people use the term "science" of Constitutional Law or " science " constitutional law.
For those who study Constitutional Law and Administrative Law is no need to explain more deeply about the meaning and principles of the state and state law, because all of it is considered known when studying the State Science. Therefore the experts say that the State Science is the science of instruction for those who want to learn Constitutional Law and Administrative
In May 25, 1787, a convention was called in Philadelphia, Pennsylvania to express the purpose of revising the Articles of Confederation. However, the intention from many delegates was to draft a new constitution; create a new government rather than fix the existing one. Rhode Island was the only one of the 13 original states to refuse to send delegates to the Constitutional Convention. At the Convention, the first issues they had to address was the representation in Congress.
May 1787. 55 delegates, one long, sweaty conference. The Constitutional Convention was a huge event for the United States. During this convention, the 55 delegates from all states except Rhode Island met up to change their Articles of Confederation. Instead of editing, however, the 55 delegates rewrote the whole thing into the Constitution, which is still used today.
The ways the Constitution strikes a balanced authority is by all the different principles which the US was built on. During this transition for the declaration of independence to the present is shows how the Constitution has molded the US. And we will discuss the figure's in America's history have shaped the US. In the following paragraphs we will discuss these points. First, discussing how America's figures have shaped the country.
Constitutional Convention In 1787, Washington was persuaded to attend the Constitutional Convention and was popularly chosen as president. The Convention met in Philadelphia from May 14 to September 17. Delegates gathered to correct the various problems that had come up.
As seen in Document A, it compares the Articles and the Constitution. For the executive branch, (the Constitution) had president administrators that enforce federal laws while (the Articles) only takes care when the Congress is not there. For the legislative branch, (the Constitution) a bicameral legislature where each state has equal representation in the Senate and each state has proportional representation in the House of Representatives thus fixing the issue of representation for small and large states. The Articles had a unicameral legislature where each state has one vote no matter what population they had which was unfair for the small states. The Constitution had a national court system that hears different cases while the Articles didn’t have that at all.
3. According to Part I of the video, the most important words in the U.S. Constitution are stated to be the first 52 words. This is because in the first 52 words of the U.S. Constitution it states the six core purposes for why the constitution is being written. The six core purposes are meant to be used as guidelines by way of interpreting the rest of the 4,500 words in the constitution, also with the interpretation of the Declaration of Independence. The six core purposes within the first 52 words are the most important in the U.S. constitution because the rest of the 4,000 other words in the constitution serve the six
The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.
Q2 Challenges Addressed at the Constitutional Convention The Constitutional Convention of 1787 sought to address several pressing challenges facing the newly formed United States, including the weakness of the central government and the conflicts over representation in the legislature. The Constitution, as ratified in 1788 and amended through the Bill of Rights in 1791, addressed many of these issues, though some would persist and evolve during the early decades of the nation's history. Two major challenges addressed at the Convention included the balance of power between the central government and the states, and the nature of representation in the legislature. It can be argued that while the Constitution made significant strides in addressing
The United States-- a country of economic strength, freedom, and an endless sea of opportunity promises all of its citizens the unalienable rights of life, liberty, and happiness. This promise coupled with the hope of a brighter future attracted those from all walks of life. It also appealed to those who suffered political and religious persecution ; overall its divided branches of governing gave off the illusion of a fair and just political policy. Thus, when hit with the slightest of problems, the public was quick to turn to the government for a solution. The increase in governmental power can be linked to the ratification of the Constitution – which aimed at protecting the rights of individuals and limiting governmental powers.
At all constitutional conventions many argument's come up, and those who propose an idea believe the idea that they proposed is ideal. What doesn't cross their mind is that not everyone will agree with their ideas, in fact in the famous constitutional convention of the United States there were a lot of disagreements, "Serious conflicts arose at the outset, especially between those representing the small and large States" (Bloom). This shows that even though most of the delegates in the American Constitutional Convention soon became important figures in U.S history after the constitution was drafted, they did not agree on the same thing. In the constitutional convention of NuCountry many topics were brought up to be voted on. Most of the
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.
To show that there are similarities and differences you have to give examples. It became obvious that both sets of constitutions had it in their seams to protect the government and keep the people at peace. Yet a subtle
The two constitution I am gonna compare are the United States of America constitution, and the Canadian constitution. Like the U.S constitution, the Canadian constitution is mostly the same since it got many of its laws from the U.S constitution. Both constitution have many provinces that they are divided into since the place is too big, as well as to divide power, as well as that they both have an executive power since they need someway to be able to divide the power. Unlike the U.S, Canada has a Queen that controls the executive government. Canada has its own version of the Bill Of Rights called Charter of Rights and Freedoms in the end of its constitution.