Overtime the Constitution has been amended and thus the amendments have been established to further protect citizens from unlawful or repressive acts of government (Bill of Rights are included in the first ten amendments and were established in 1791). Inasmuch, the limited powers have been granted to the three branches of government (Executive, Legislative and Judicial) known as enumerated powers. Primary powers of government have been given to Congress; Congress has enumerated powers in 18 different clauses. The powers that generally impact business owners and managers include (1) the power to regulate commerce ( Commerce Clause ); (2) taxing the citizenry and commercial entities and spending government funds
Inspiring the modern concept of justice and ruling modern Western civilization, this law laid the foundation for two legal systems, civil law and English common law. The Magna Carta was created under the rule of King John in England. Its purpose was to create what is known as “due process.” Due process, which is part of the foundation for the U.S. justice system, was based on protecting all people. The Magna Carta consisted of 61 clauses, with the most notable clause being the 39th clause which basically says that a freeperson cannot be incarcerated unless ordered so by a lawful jury of his peers or judge. The Statute of Westminster came about under the rule of King Edward.
The Magna Carta explains the role of the government and what you can expect from them. King John at the time was taking peoples liberties and the people wanted their liberties back. Magna Carta (Influence) The Magna Carta has many elements of the document written in the Constitution of the United States, such as free religion, trail by jury and the right to be an individual within the limits of the law. Magna Carta is the oldest document to make up the Constitution of the United States. www.bbc.co.uk/news/uk Mayflower Compact (Summary) The first written law of the new land was written by 41 members of the Mayflower.
As a commander-in-chief, it is our president’s responsibility to make important decisions about keeping the citizens of the United States safe. They also have to uphold the laws of the Constitution. In this aspect they all have tried to manipulate the laws set by the framers of our Constitution. It is the job of the Supreme Court to make sure that these laws are being followed. Habeas Corpus has been around for a long time.
“By the 1760’s the colonist had come to believe that in America they were creating a place that adopted the best of the English system but adapted it to new circumstances; a place where a person rise by a merit, not birth; a place where men could voice their opinions and actively share in self-government”(McCarthy). The transformation from English common law to a new American common law was officially started with the Declaration of Independence. The foundation of America law consists of three very important documents; the Declaration of Independence, the Constitution of the United States, and the Bill of Rights. Even though the Bill of Rights is technically part of the Constitution since it consists of the first ten amendments, most people consider it to be its own document. This new American law that was developed was based on the ideals of the settlers but was also greatly influenced by English law.
The constitutional role of the judiciary is to apply the law that parliament makes, as said by Lord Diplock in Dupont V steel (1980), ‘Parliament makes the laws, the judiciary interpret them’. However, judges have the power to change rules or make new rules through precedent or statutory interpretation, as mentioned in R V Sigsworth (1935) by Lord Denning, ‘We fill in the gaps’. The doctrine of precedent is based on the requirement that judges must follow decisions made in earlier cases (stare decisis), and on the face of it would seem to limit their freedom to be creative. First of all, there is the hierarchy of the courts, which means that courts are bound by decisions of other courts higher up in the hierarchy. Although with the use of the 1966 Practise Statement, the Supreme Court is allowed to depart from its own earlier decisions, as for example in Hetherington v British Rail and Shivpuri and also in R V Gemmell and Richards (2003) where the Supreme Court overruled the decision in Caldwell by using the 1966 Practise Statement.
CJA/214 Due Date: April 15th, 2012 Sir Robert Peel on American Policing and its History Men’s preoccupations with maintaining the status quo of the society and the survival of the nucleus family are the essences for creating rules and procedures to punish, and rehabilitate offenders of the statutory laws created according to needs and times of the society. The need for social control dates back as early 2200 with the established Hammurabi Code by the Sumerian, with laws prescribing punishment for certain offenses. As towns became cities, cities became provinces, and provinces became countries, or states the laws became complex, and society needed provisions to implement and enforce the law. The Romans- of 510B.C.-the greatest empire still influencing super powers of today, developed the Praetorian Guards to protect the emperor and his empire, the Urban Cohort to police the city of Rome, and the vigils, firemen, to patrol the city of Rome at night, to maintain the vast conquering empire laws and procedures ("Troops In Rome", 1999). The monarchy of England also established two precepts of the criminal justice system of the present United States.
First, all legislative power is vested in the house of reps and the senate, and within this broad function, Congress is given special powers to appropriate monies, raise armies and regulate interstate commerce. Second, the house of reps has the right to declare war. Lastly, the Senate is given the power to ratify treaties and approve appointments by the president to the judiciary and executive branch. However, it has been suggested that Congress is the broken branch of the three branches of government because of how well it performs its functions and powers. 1st paragraph Main function – legislature The Philadelphia Convention 1787 gave Congress the power of being the primary law making body in the US.
The Napoleonic Code unified French law and became the model for legal systems in most other nations in the world. While probably being Napoleon’s most lasting accomplishment, the Napoleonic Code gave Europe a uniform set of laws. The Bill of Rights was in use well before the development of the Napoleonic Code, however some elements of each are similar to the other. The Bill of Rights was introduced by James Madison to the 1st United States Congress as a series of lawmaking articles. They were accepted by the House of Representatives on August 21, 1789; formally suggested by combined resolve of Congress on September 25, 1789; and came into effect as Constitutional Amendments on December 15, 1791, through the process of approval by three-fourths of the states.
It is the duty of government to administer these resources to the highest public interest. The Public Trust doctrine was adopted by English Common Law and when the United States became the United States and signed the Declaration of Independence, they too adopted this English Common Law to the American Constitution. Originally, the Public Trust Doctrine only applied to the protection of fishing, navigation, and commerce on waterways. Over time, this doctrine has become more liberal and expanded into more and more. This doctrine did what big government likes to do, it regulated.