(Doc A). Federalism helps guard against tyranny by ensuring that the federal government doesn't have much to say in what happens in the country so that they don't become too powerful and create tyranny. A second way the constitution guards against tyranny is through the separations of powers. The separation of powers is the government separated into different branches so that they could spread out the powers. Then one branch of government can have more of a say in what will happen in the decisions made for the well-being of the country.
An unwritten constitution is where a country follows constitutional conventions rather than follow a specific legal document. This constitution can be made up of several different written laws, but at its core, it is simply enforced through common practice and may not be applicable in court. Within a liberal democracy, the government acts to support liberty and equality among the nation such that citizens are equal in their political decisions to free and fair elections (Bollen, 1993, p. 1209). Also minimal government interference impedes their views, which is protected by human rights and freedoms outlined in a constitution (Bollen, 1993, p. 1210). With two distinct forms of constitutions it can be seen that a written constitution is more conducive to the liberal democratic tradition as it limits the government’s ability to amend the constitution arbitrarily to their needs.
Although you can interpret these works of authorities to different situations, they is no information on how to deal with modern day situations (internet, electronics, etc) which leads them to being pointless in some cases. On the other hand, as you can refer to them, they set a perfect guide line in how to deal with different situations. Another key source of the constitution is Common Law. They are usually principles which have been developed and applied to the British courts when a law is unclear the judge will interpret the case to another one in the past. I reason why this source is effective is that it can be interpreted to fit into any situation in court and it sets a guide line for judges when dealing with different cases which would help things run more smoothly for the judges when in court.
States and nation states We can define a state as an organized, independent political community living under government which has the capability to make rules that are binding for the population living within a particular territory. The state is characterized by its territory, a part of land, which is limited by boundaries and should be recognized by other states. This state territory is inhabited by people, population, who permanently reside there. As written above, the state has to have its government, i.e. a set of institutions that should create the rules and make decisions on behalf and in favour of the state.
According to The Oxford Law Dictionary a constitution is defined as followed: “The rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship between the individual and the state” # In essence it would be safe to assume that the idea behind a constitution is to protect the rights of the individual or the citizenry of a state although it is virtually impossible to give a palpable definition for what a constitution is due to many conflicting opinions and views within the legal system. It is therefore necessary to attempt to define the other parameters which are included in said definition, such as a ‘state.’ This again like defining constitution has proved difficult but Max Weber a German political economist and sociologist defined a state in terms of the constitution: "The monopoly on the legitimate use of physical force within a given territory," Which may include the armed forces, civil service or state bureaucracy, courts, and police.# With this in mind by following the definition outlined in the Oxford Law dictionary the United Kingdom appears to have a constitution of sorts although not codified like the American Constitution of 1878 #, or the Constitution of the
The government's main and only goal in the social contract is to protect its citizens. The contract involves the notion that people assume certain duties and accept certain restrictions on their liberties in exchange for protection and society. The social contract theory runs on the idea that those in power will rule in a fair manner and work to maintain society’s individual liberties to the best of their ability (Pollock 2007). Although, the government was founded on the concept on social
These principles can only be valid when we make principles and values for ourselves by which we adhere to as opposed to following the principles of others in which we have no standpoint. Reasoning comes from the things people belief in and the ethical as well as the moral values people set for themselves. The system of government as implemented by a dictatorship has the inability to make people reason, as their reasoning capability is cut short for them by the government and they must instead follow, not reason, the instructions on how to live, act and speak. The extensive restrictions prohibit the manipulation of reasoning and in doing so; confine the amount of diversity
which is one of the sources of the constitution with one of the three rules being that no Parliament is able to bind a future Parliament. This is showing that the UK having an uncodified constitution is as such a strength rather than a weakness because it is able to be changed unlike a codified constitution which will be at least a two thirds majority within the houses of the government. – Clear paragraph, good comparison and focus on the question. Try
Firstly on of the fundamental features of democracy is that it establishes and protects freedom. Democracy should ensure that no government can threaten freedom unless it is with the expressed consent of the people. This is certainly true of the United Kingdom as the European Commission of Human Rights Parliament remains sovereign. Also the UK signed up to the Social Chapter of the European Union which guarantees a variety of employment and other economic rights. However, Parliament is sovereign and civil rights and liberties have been put suspended but only in the interests of law and order or national security.