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The Constitutions Checks and Balances - Essay Example

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This is "The Constitution’s Checks and Balances" essay. The formally adopted Constitution as the essential document to contextualize the distinction in the separation of 3 main branches of power as for the application of the principle of branch balances to strengthen the role of the American government, including the lawful, executive, and courts…
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As reflected in the Constitution, every branch is adjusted to the systematically driven balances and basically high-quality oriented checks that guarantee that none can gain the usurpation. Meaningfully, the equal subordination in powers between various branches should be based on the background of amendments. All amendments are meaningful, so all of them support the equal responsibilities between the executive, legal, and lawful application of power to ensure justice for all and everyone. As suggested by the norms of the Constitution, every branch is essential for the fair allocation of obligations, and the division of powers is applicable.

Following the process of transformational changes in the Constitution, the amendment process is applicable to reflect on the changes in the structure of government and its functionality, as applicable to all branches of power. To reach these points, the amendment process should come into modern legal practices. The amendment process is based on the transformational changes for the better in the Constitution. To adopt the amendment process practically, the Constitution is to be analyzed by experts that should point out the basic flaws in the implementation of the main law.

In the Constitution, every amendment is equal in the powers of justice. And, to change the Constitution, the legal power is applied in congress to make the essential changes within the amendment process. For example, the Freedom of Religion is reflected in the First Amendment of the Constitution, and all branches should apply it practically based on the system of checks and balances of powers. According to the Constitution, the equal distribution of powers between branches is reflected in the attempt to reach the excellence of the government.

The functionality of the Constitution depends on the contribution of powers between all the branches of government, legislative, and judicial branches. They all should work on the effective improvements of the amendment process to make the Constitution more functional and productively working. Justice should be an essential element in the competition between branches of the government. The legal work on the Constitution should contribute to the powers of law even more effectively than when this main law works without the application of the amendment process.

If the Constitution is based on the system of checks and balances, the changes process is effective.   The main law is a powerful means of the political executive management of society, the legal basis of all state legislation, the basis of scientific research in the field of law, the most important source of law. It is the Basic Law of the state, has the peculiarities of legal executive status: it has the highest legal force, is the basis for the adoption of other regulations of the state, it is characterized by increased stability.

Despite the fact that the document was defined as one of the most perfect, in the process of practical implementation of the Basic Law, many problems arose. Combining realities and prospects, the Constitution at first glance, created all the conditions for the development of civil society. On the one hand, it fixed what exists in reality, as for the applying of the amendment processing, in fair and just checks and coordinated and ratified balances Speaking of it as a legal document, it should be noted that most of the progressive principles and ideas enshrined in it remain the vast majority on paper, as reflected in the legally justified practices in all branches of power.

Our state has not yet achieved significant results on the path of democratization, the establishment of human and civil rights and freedoms, in the creation of the rule of law. In this regard, negative sentiment prevails in the public consciousness, and the citizens themselves consider the current socio-economic and political problems as a consequence of the imperfection of the law, and as a consequence - a negative attitude to the Constitution in all branches, as reflected in every amendment.

            At present, the country is undergoing a twofold process of forming both civil society and the rule of law. At the same time, there must be the exclusion of any discrimination; a person must have the right to freely express his or her worldview, to legally protect the individual and his or her own dignity in all legal branches, and, in general, to have comprehensive protection of civil human rights. That is why the guarantee of human rights and freedoms are political and legal prerequisites for achieving this ideal.

To fulfill the improvement executive government in every branch, the coordination of checks and fairly supported balances that were adopted in 1787 to ensure the equal division of the branches of the standardization between all branches, so every branch gains the supported power of veto considering every decision of the separated branches. Essentially, following the Constitution, specifically, if there is a belief that the supported branches should act wisely, so powers do not belong to the only branch.

The role of the branches power management is also unique, for it makes sense when a person comes to be legally liable to ensure that their rights and freedoms are fully protected by the Constitution.

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