One of them is the domination by the authority of office, which showed a strong need for obedience from power (Allen, 2004). Weber thought more deeply about his legitimate authority and pointed out that there are three ideal types of it in history. None of these types exist in pure form in the real world, but they can be used as a tool to analyse political issues (Allen, 2004). Moreover, Weber classifies specific political concepts as ‘ideal types’ in order to solve the problem that political concepts are considered as things instead of the tool to understand things. Therefore, it is vital to notice that ideal types are only tools to analyse and should be regarded as how useful they are instead of
They refused for that to happen because that’s the reason why they began the new world journey, they wanted something different from Great Britain. That is why the government was divided into three branches of government: the Legislative, the Executive and the Judicial Branch. The Legislative Branch is headed by Congress which is made up of two houses of: the Senate and the House of Representatives. Legislative Powers includes passing laws. The House of Representatives originates and spends bills.
The guard of federalism is shown one way in the Constitution when they set up the compound government to make sure that the federal government doesn’t get too much power. The second way is when some responsibilities are given to the state government so that they can share the power equally. Federalism protects against tyranny because it ensures that the federal government doesn’t have too much to say in what happens in the country so that they don’t become too powerful and create tyranny. The second guard against tyranny was the separation of powers which means that the government is separated into separate branches so that they can spread out the power so that one branch of the government can have more pull in what happen in the decisions made
Explain the principle of the separation of powers found in the US Constitution. The separation of powers is the main underlying principle of the US Constitution whereby political power is distributed amongst the three branches of government – the legislature, the executive and the judiciary. The branches act both independently and interdependently. The idea was originally of French political thinker Baron de Montesquieu, it was then incorporated by the Founding Fathers into the 1787 codified document. The principle was adopted by the Founding Fathers due to their fear of totalitarianism.
The Founding Fathers created three different branches of government. They did this to prevent tyranny and limit one individual or group from too much power. One reason for three branches is to prevent tyranny. Tyranny is cruel or oppressive government or rule. They created branches so they can all have control.
This led to disputes amongst the states that could not be readily settled, as it relied on each state’s court system which invariably chose to discount the ruling of the other states. The Constitution, under article III section I, allowed for a central court system, including one Supreme Court and a system of lower courts. This would alleviate the dissention in the AoC court system and allow for cases to be heard and decided based on a central system of
Additionally, it exercises power independently to avoid conflicting with the other branches. The Judiciary, legislative and the executive are the commonly known branches of government and which the constitution ensures that they do not conflict but work together to unify the country (Amar 39). Checks and balances is another aspect that explains the view of a constitution as a living document. This idea ensures that there is no branch within the government acting as though it is the most supreme than others. In this case it provides protection to the minority from being exploited or manipulated by the majority.
INTRODUCTION The separation of powers is a constitutional principle designed to ensure that the functions, personnel and powers of the major institutions of the state are not concentrated in any one body. It ensures a diffusion rather than a concentration of power within the state. The fundamental purpose of the separation of powers is to avoid the abuse of power and thereby to protect the rights and liberties of citizens. The concept itself is of great antiquity and can be attributed to Aristotle, however, the clearest exposition of the doctrine can be found in the French writer Charles- Louis de Montesquieus. In essence, Montesquieu states that the three organs of government, the executive, legislature and judiciary should each have a discrete and defined area of power and that there should be a clear demarcation of functions between them.
Roscoe Pound said that interests are both individual and social and that conflicts are only resolved through considering them on the same level. Individual against individual and society against society and therefore failure to do this is bias towards society. He also believed in consensus view of society believing that interests should be balanced in line with society’s values. There are many theories to whether conflicting interests are balanced but we must look at parliament to see what they do to tackle this problem. Parliament does manage to balance conflicting interests in the process of making an act.
In order for a country to be a true representative democracy it needs to fulfill three major criteria. The first is to establish political equality where all citizens are equal before the law and all citizens have equal access to government. The second criteria declares that the country should operate under popular sovereignty and majority rule whereby the people decide and their ideas can only be approved and considered valid by a greater than fifty percent majority (or rejected by a greater than fifty percent majority). The third and final criterion declares that citizens have individual freedoms that are to be protected by the law and from the law. If the US Constitution were to be thoroughly analyzed, it would be discovered that the Constitution lacks essential components a true representative democracy.