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Pros And Cons Of Constitutional Provisions

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Constitutional Provisions: Constitution is fundamental law of a nation. It links people, government, territory, sovereignty and international recognition. Modern constitutionalism emphasis written constitution with check and balance, democratic rights, protection of human rights, timely election, people’s sovereignty. Nepal and Korea both counties are based on liberal democratic political exercise. In the liberal democratic system government is considered to be responsible towards people. Government runs as the public will. Here, for the due respect of public voice, choice and right, right to information ensures public access in national affairs. After the declaration of universal human rights in 1948, right to information is universally accepted …show more content…

Preamble, Whereas; it is expedient to make the functions of the sate open and transparent in accordance with the democratic system and to make responsible and accountable to the citizen; to make the access of citizens simple and easy to the information of public importance held in public bodies; to protect sensitive information that could make adverse impact on the interest of the nation and citizen, and for the necessity to have legal provisions to protect the right of the citizen to be well-informed and to bring it into practice, the 'Legislature-Parliament' has enacted this …show more content…

the requester may request an administrative adjudication in accordance with the provisions of the Administrative Appeals Act. In such cases, the ruling authorities on the disposition or omission made by the public agencies other than the state or local governments, shall be the heads of central administrative agencies concerned. (2) The requester may request an administrative ruling without going through the procedures for application for objection pursuant to the provisions of Article 16 (3) The member of the administrative appeals commission who is involved in the administrative ruling concerning the decision on disclosure of information may not reveal the secrets obtained in relation to official duties during and after expiration of his commission. (4) In the application of penal provisions of the Criminal Act and other Acts, the members of the commission mentioned in paragraph (3) shall be deemed as public officials. 25. Annual Report: (1) The commission shall submit annual Report of its activities to the Legislature-Parliament through Prime

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The commissioner of Internal Revenue appeals the Tax Court’s decision that he abused his discretion in requiring Jim Turin & Sons, Inc to use the accrual method of accounting to compute its federal taxes. The taxpayer provide paving services which involves the purchase of asphalt from a sister manufacturing corporation. The taxpayer pays for the asphalt at cost during, this price is determined during the bidding process. The asphalt must be used within several hours of shipment otherwise it will harden and become useless. The taxpayer generally receives payment on the job within 10 to 30 days of billing after the job is completed.

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IV. Addressing the opposition A. Argument 1 The Plaintiff has argued that this regulation is in best interest for the public and provides security for the society as a whole. They want the regulation to be considered Constitutional because it was voted on by the majority and therefore, it is in the best interest of the community and should therefore be enacted. This argument does not speak to the constitutional issue of the case. The Supreme Court’s main objective is to protect individuals and minorities from oppressive government.

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The Articles of Confederation provided the United States with a predominantly ineffective government that could not deal with problems at home and abroad. The country was unable to regulate commerce and effectively deal with foreign nations from 1781 to 1789. Although there were some advantages to the first constitution, the issues caused by the document greatly outweighed the benefits. The Articles of Confederation limited America’s ability to deal problems within its own borders and with foreign nations.

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Nowhere in the Constitution does it state that women are citizens. Women have never been legally declared persons in this country, not by the Founding Fathers, not by the Constitution, not by the Supreme Court. The Fifteenth Amendment guarantees to right to vote to all U.S. citizens, whatever their race, whether they had been born free or born a slave, but it didn’t include women the right to vote. Women fought along for the abolition of slavery. When the battle was won, black men got the right to vote.

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1. Personally, I believe the constitution was the better document because it had more power. The articles of confederation gave the states more power than congress had, and because of this states either did was it said or did not. Because of the states having more power over Congress, the states did not focus on the needs of the whole country but only cared for their own state and what is best for their people. The constitution is better because it was easier to make changes and amendments to it.

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Articles of confederation was the first type of structure for America since it was the first Constitution. Since it landmarked the start of the United States of America .It was huge since it declared independence against Great Britain Right after the revolution. It Gave the people of the colonies amendments, but it had a huge weakness and a hole that needed to be filled in.

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The United States Constitution was created in September 17, 1787 to replace the Articles of Confederation. Due to arguments between the Federalists and the Anti-Federalists, the two groups decided to add amendments to the Constitution to appease the Anti-Federalists. The condition was that two-thirds of the states had to approve the amendment before it’s added to the constitution. These conditions are still held today and there are now 27 amendments. Amendments in the constitution are important because they give natural rights to people.

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The Articles of Confederation structured the first government of the thirteen states. The thirteen states included: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, New Hampshire, Virginia, New York, Maryland, Massachusetts, South Carolina, North Carolina, and Rhode Island. However, Rhode Island did not vote to revise the Articles right away. Therefore, the proposals of the Constitution continued to be declined by the other states due to not having a balance on votes. When Rhode Island finally sent a representative to the Constitution Convention, the Constitution was approved.

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It outlines a plan of government and provides the structure and functioning of the institutions of governments. Constitutions are expressions of popular sovereignty between the government and the governed. It specifies the powers and limitation of power of the government, as well as the right and privileges of citizens that cannot be affected by the government. Also it specified how citizens are allowed to participate in democratic decision making processes that determines public policies. In some ways, Texas Constitution executes these functions well.

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On July 9, 1868, the Fourteenth amendment was formally introduced to the Constitution and granted citizenship to “all persons born or naturalized in the United States.” These words have as an ideal purpose that all levels of the federal government must operate within the law and provide fair conditions for all people. As a result, the states had a obligation to the public. Through the Fourteenth amendment, states were forbidden from denying any person “life, liberty, or property, without due process of law” or to “deny any person within jurisdiction the equal protection of laws.” By directly mentioning the role of the states, the Fourteenth amendment also expanded civil rights to African American slaves who had been emancipated after the American Civil War.

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It has been argued that birthright citizenship, or the legal right to citizenship for all children born in a country 's territory, regardless of parentage, may reward/encourage illegal immigrant parents an excuse to stay in the country. Despite this possibility, the 14th Amendment should not be modified. The 14th Amendment states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” (U.S. Const. amend.

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Over time our Constitution of the United States has given us more voting privileges. We’ve allowed most of our population to be able to vote now in 2017. The only people who can’t are people under the age of 18, aren’t registered, or not a citizen. At one point in time only a select group of people were able to.

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The 13th Amendment allowed the African Americans to be released from the institutionalized oppression of slavery, at the same time allowing them to achieve political and civil rights. It did not protect them from the violence that they will experience on a physical and physiological level, the newly freed African Americans that were victimized by different factors such as political regulations. Many African Americans attempted to exercise their newly acquired rights, but as a result, white southerners saw this as problematic and resorted to taking violent actions. Violence became one of the primary acts which caused the African American community’s rights to become void and it puts their black lives and black livelihood at stake.

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The notion of a living Constitution has greatly developed the American system. It has brought innovative perspectives on how the courts should be responding to constitutional situations. As well, it creates a basis for society to grow through means of acceptance and progressive viewpoints. The constitution should not be used to fit policy outcomes, and that would be the intent originalists seem to push for. Furthermore, there are two distinct reasons why the argument for the living constitution is stronger then the argument for the original intent.

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These restrictions take away from the citizen's freedom. It restricts their thoughts and opinions. Information is also restricted in Jonas’

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