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Assignment 1 Public Law - Article Example

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The constitution, in most nation-states is considered as the supreme law of the land. It is that piece of document wherein all laws must conform. In a civilized society, people somewhat surrender part of their freedom to the state. This explains the reason why we have to follow rules and regulations, respect laws.
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Assignment 1 Public Law
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Assignment 1 Public Law

Download file to see previous pages... The constitution, legitimizes state power in such a way that it gives the government guidelines on how to instill order in a certain society. It also restraints power, because for most democratic states, the existence of the government is basically to protect the freedom and dignity of its people. It is meant to "manage" a relationship filled with respect and honor towards each other. It also tries to manage the affairs of its people- politically, morally, ethically.
These are the progressive and the conservative views which basically drew the divide between understanding of the notion of morality as either purely personal, (progressive) or one that dictates that there has to be one true morality to be followed, (conservative).
In this paper, this writer would like to discuss, how the existence of constitution ensures the existence of "balance" in every society. By balance, it means there is equal relationship between practice of power and restraint. That both are equally needed, to make things work in proper rhythm.
The constitution, which provides for the underlying values, aspirations and desires of its people becomes a powerful tool in understanding a living society. Oftentimes, this document is shaped through the hardships, victories, colonizers that a country has encountered.
According to Black's Law dictionary, "the fundamental law, written or unwritten, that establishes the character of a government by defining the basic principles to which a society must conform; by describing the organization of the government and regulation, distribution, and limitations on the functions of different government departments; and by prescribing the extent and manner of the exercise of its sovereign powers. A legislative charter by which a government or group derives its authority to act."
A constitution may be defined as an organization of offices in a state, by which the method of their distribution is fixed, the sovereign authority is determined, and the nature of the end to be pursued by the association and all its members is prescribed. Laws, as distinct from the frame of the constitution, are the rules by which the magistrates should exercise their powers, and should watch and check transgressors.
Constitutions, which can be written or unwritten, function as dynamic body of legal custom, tradition and opinion. Their evolution generally involves changes in judicial interpretation or in themselves, the latter usually through a process called amendment. Sometimes different jurisprudence, or national revolution call for the reinterpretation of a constitution. Amendment of a constitution is usually designed to be a rigid and difficult process in order to give the constitution greater stability and authority. On the other hand, if a constitution is extremely difficult to amend or adjust, it might be too inflexible to survive over time. The British Constitution is unwritten, unlike the constitution in America, and, as such, is referred to as an uncodified constitution. The British Constitution can be found in a variety of documents.
Supporters of our constitution believe that the current way allows for flexibility and change to occur without too many problems. Those who want a written constitution believe that it should be codified so that the public as a whole has access to it - as opposed to just constitutional experts who know where to look and how to interpret it.
The ongoing evolutionary nature ...Download file to see next pagesRead More
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