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
According to the textbook the Constitution has three functions the first being to set up a structure for the federal government and rules for modifying the constitution, second provide powers for branches of the government and third to grant protections and liberties for United States Citizens from illegal or unlawful government practices. After understanding that the Constitution lays the ground work for the established legal system as we know it. Along with the guidelines that are followed lawfully ethics and values plays a role in how laws are followed and interpreted. Different laws address different issues and pertain to specific areas. Established laws are also implemented to safeguard citizens from harm, possible inequities and illegal behavior.
The anti-federalists sought after a proposal that focused on passing laws, which protected the people as well as the government. They argued that if the right wasn’t listed in the bill that the right wouldn’t exist. Therefore, the Ninth Amendment was proposed which stated that the enumeration in the Constitution of certain rights would not deny other rights (UMKC,
Role and Functions of Law Paper LAW421 September 23, 2015 Sheila Parrish-Spence, Esq. Role and Functions of Law Paper Business law is a complex mix of state, federal and municipal statutes. These laws work collectively to ensure expectedness and equality. They also support competition by guarding property rights. It does matter how small or big a business transaction is the law makes available a way for everyone to understand his or her duties and obligations.
Federalist #78 Analysis The Federalist #78 was written by Alexander Hamilton on May 28, 1788. In the essay, Hamilton expresses his views on the structure of the Judiciary as written in The Constitution. Although Hamilton listed many positive aspects of the Judicial Branch, he also wrote about negative features the Judicial Branch has neglected to offer as stated in The Constitution. In The Constitution, there are three branches to help balance the government, to make sure there is no way to overpower any other branches within the system. The Executive Branch, which includes the president, is in charge of enforcing laws, the Legislative Branch controls making laws, and the Judicial Branch is a system of courts that interpret the laws created and enforced by the other branches.
* What is an order issued by the Supreme Court to a lower court requiring a case for review? A writ of certiorari. Exercises: 1. Explain constitutional law and states powers using Chapter 1, Section 3 as a basis for your answer. Constitutional law is a group of laws made to keep a good foundation and it gives an idea of the outcome of business.
An example is the Bill of Right 1689 which aimed to impose limitations on the powers of the crown and its relationship with parliament. It provided that parliament should meet regularly, elections to parliament should be free from interference by the monarchy and freedom of debate in parliament should not be impeached outside parliament. The Human Right Act 1998 is another important example, which incorporates the European Convention of Human Rights into our domestic law. It is significant as it marks a fundamental change in the protection of human rights by allowing citizens to raise breaches of their human rights in court. The Parliament Acts 1911 and 1949 was also significant as it altered the relationship between the House of Lords and the House of Commons.
that originally had ten laws. They formed the foundation for modern public and private law. They organized how offenders would be prosecuted publicly and determined how the injured partied would get compensation from the one who committed the crime against them. They also protected lower class from the royal class of legal abuse. The Justinian Code was established on 529 A.D. by Justinian, Emperor of Byzantium, which formed the foundation of civil law.
Role and Functions of Law Paper September 27, 2012 Esmeralda Herrera Law/421 Stanley Santire University of Phoenix To understand the roles and how laws function, people must understand the theory of law and how it affects society and businesses. Law is described as the main beliefs and system that is established by a community and is ordered by higher authority; it applies to the people within that community. It does not matter which form of law it is, if it is in the form of legislation, custom or policies laws are appointed and enforced by judicial decision. If laws were not available to follow, society would not function in the manner that they normally do because law
INTRODUCTION – A constitution is a body of fundamental principles or established precedents according to which a state or organization is governed. The purpose of a constitution is to explain how sovereign power is distributed amongst the government and people as well as to delegated bodies. There are numerous arguments for a codified constitution being introduced in the UK such as that it would offer a better protection of rights for the people and prevent an over mighty government. Calls for constitutional reform were particularly prominent in Blair's first term of government, as this was promised in the Labour Party manifesto of 1997. Arguments against adopting a codified constitution such as that it could lead to judicial tyranny are outweighed by arguments for it.