The Constitution is composed of a preamble, seven articles and twenty seven amendments. The preamble specifies the Constitutions broad objectives e.g. justice, liberty, tranquility, and common defense. The articles outline the structure, power and procedure of the federal government. 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).
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.
Should the UK remain as an uncodified constitution? A constitution is a set of rules that: seek to establish the duties, powers and functions of the various institutions of government; regulate the relationship between and among the institutions; and define the relationship between the state and the individual. There are many different types of constitution. Constitutions can be codified or uncodified, unitary or federal and seen as rigid or flexible. The most common way of comparing classifying constitutions is codified or uncodified.
How can he help it?” The constitutional role of the judiciary is to apply the law that parliament makes, as said by Lord Diplock, “Parliament makes the laws, the judiciary interpret them/” However, judges have the power to change the 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.” In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that every court is bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine of Precedent is the process whereby judges should follow previous decisions in similar cases to help maintain a degree of consistency in the way the law is applied in similar cases. It is based on the maxim “stare decisis” which means stand by what has been decided. The Ratio Decidendi (reasons for deciding) is the binding part of a judge’s decision, but how judges interpret this can vary, thus changing the impact it can have on future decisions. The obiter dicta (things said by the way) though not binding can still be used as persuasive precedent and so a
* Constitutions are used as the overriding law. The constitution laws establish the principles of government involvement in either federal or state level law. This created the branches of the government, presents certain powers of each branch and what powers they do not have. The constitution prevents other government parties from passing laws that specifically limit individual rights. * Administrative laws are elected by administrative agencies.
The doctrine of habeas corpus stems from the requirement that a government can either charge a person or must let him go free (Rutherford, 2013). The Habeas Corpus Act is a British Act of Parliament passed in 1679. This Act formalized the recognition of the right of an individual to be able to challenge imprisonment as unlawful. With passing the Act, British Parliament was ending the right of the monarchy to imprison a person without charges. After England passed the Habeas Corpus Act of 1679, other nations, including the United States, incorporated habeas corpus into their founding documents and constitutions.
& Dolatowski, J.J., 2010). SOURCES OF CRIMINAL LAW There are several sources of criminal law; the highest form of law being the Constitution. The constitution “guards personal liberties by restricting undue government interference.” (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010). In addition to the
How do the government control delegated legislation? To delegate the law-making power to another body can be very risky if there is no control. Luckily the government has several methods for controlling that the delegated legislation is relevant and good. First we have The Joint Committee on Statutory Instruments, known as the Scrutiny Committee and it is made up of MPs and peers. It exists to look at each statutory instrument in detail to make sure that it falls within the boundaries set by the Parent Act and to refer provisions requiring further consideration to both Houses of Parliament.
Assignment 3.1 Essay Originalism vs. Constitutionalism Interpretation Aaron Schrom September 18, 2010 Bellevue University LA 400 LA 410 LA 420-C024 American Vision and Values Mark Quandahl Philosophy of Originalism There are many people to believe in the idea of philosophy of originalism over the idea of interpretation of the Constitution of the United States of America. The meaning of philosophy of originalism states that “advocates of originalism argue that the meaning of the Constitution (or its individual clauses) was fixed at the moment of it adoption and that the task of interpretation is accordingly to ascertain that meaning and apply it to the issue at hand” (KSS Companion, p68). Critics have said that the hold of originalism
Judges base their judicial decisions on the concept of stare decisis, which deals with the court’s obligation to honor previous judiciary decisions. Judicial restraint involves the willingness to uphold existing precedent, maintain a strict reading of the Constitution, issue narrow rulings that do not have an impact beyond the case at hand, and to show compliance with elected legislatures. In Judicial Restraint, the Supreme Court as well as the judicial branch define and strengthen laws, upholding legislation. Judicial activism can be observed in various cases, among others the topic of civil rights. In 1896, the Supreme Court decision of Plessy v. Ferguson upheld state laws requiring racial segregation in public facilities under the idea of “separate but equal.” However, in 1954 the decision of Brown v. Board of Education Topeka deemed state laws allowing segregation to be unconstitutional.