The Constitution changed the structure of power of the government from that which existed within the British system. Two ways this can be proven is that the Constitution separated the powers of the government into three branches. Also, the British system does not have a written constitution, only a collection of parliaments. One feature of the American constitution is the strict separation of the powers of the executive, the legislature and the judiciary. The British political system has no such formal separation of the powers.
If the government loses support of the lower house then it must resign. Royal Assent: Royal assent is the signing of a proposed law by the Crown’s representative before it becomes a law. Separation of powers: The principle of separation of powers refers to the fact that there are three separate types of powers in our parliamentary system. These are legislative power, executive power and judicial power. Judicial power is separate from legislative power and executive power.
Checks and balances is a political term that relates to the separation of powers between the branches or divisions of government. This creates the three branches of government in the United States: Judicial, Legislative and Executive. The Executive branch consists of the President and Vice President. The Judicial branch consists of the Supreme Court and Federal Courts. The Legislative Branch consists of the Senate and House of Representatives.
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
The U.S. Constitution established each branch. The role of each branch is very different but each has its own issues that require moral decision-making. It is because of ethics and moral reasoning we have laws, and we continue to need ethics to refine and perfect our legal system (Ruggiero, 2008 pg. 8) Congress is the legislative part of our government, which includes the Senate and the House of Representatives (Truman Library, 2009). The primary role of the legislative branch is to create laws.
In addition to that, Parliament also has the function of scrutinising and challenging the government on its legislative proposals as well as on a broader, more general level. It has been argued that this is Parliament’s most important function, rather than maintaining it in office. With regards to this point of view, an analysis of the present mechanisms of scrutiny and challenge used by Parliament and their effectiveness offers an insight into its validity. To begin with, Parliament, as the state legislature, plays a role in scrutinising government legislative proposals. Each bill has to go through First reading, Second reading, Committee stage, Report stage and Third reading in both the Commons and Lords.
Below are the powers of each branch. Our Legislative Branch does many things. Including the following; the main job of our Legislative Branch is to make the laws. It is made up of the senate and the House of Representatives. They also lay and collect taxes, declare war, coin money, provide for the army and navy, and decide on tax laws.
However, this branch also deals with the levying of taxes and approving budgets of government expenditure. This branch is made up of the two houses of Congress - the Senate and the house of Representatives (http://www.factmonster.com/ipka/A0774837.html). The Judicial Branch has the Supreme Court, who is the head of it. The Supreme Court decides if something is constitutional or unconstitutional. All this means is, is it permitted under the Constitution or not.
The main job of Congress is to create laws. The Senate has the power to impeach officials and approve treaties, and the House of Representatives have the power to draft spending bills. The judicial branch is headed by the Supreme Court. The Supreme Court’s job is to interpret the Constitution, review laws to make sure they are constitutional, and determine the outcome of cases involving the rights of states.
Common Law Judge-made law’ requires judge to use their discretion in making judgment, when no appropriate statute exists It then sets precedent for other cases Constitutional Separation of Powers The Separation of Powers means that power is distributed between the three arms of the government, that is, the legislature, the executive and the judiciary Legislature: Arm of government responsible for passing Acts of Parliament Executive: Arm of government responsible for putting laws passed by the legislature into effect. Judiciary: Arm of government responsible for apply law to individual cases. The court structure (role of the local court, district court, Supreme Court, court of criminal appeal and high court in relation to criminal cases) Role of local court Lower Court • To hear and decide cases that involve summary offences (Example: DUI) • To conduct committal hearings that involve cases where a person has been charged with an indictable offence o Magistrate decides whether there is a prima facie (reasonable) case, if not charges may be dropped Role of District