This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights. The substantive interpretation holds that the rule of law intrinsically protects some or all individual rights. The functional interpretation of the term "rule of law", consistent with the traditional English meaning, contrasts the "rule of law" with the "rule of man. "[28] According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law". [28] Upholding the rule of law can sometimes
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
I have human rights to do what I want to a certain limit. The government cannot have unreasonable power over me and everything will be handled in order. The Constitution to me means that I will be protected and that I do have rights. When I think of the Constitution I think of the Legislative, Executive, and Judicial branch. These branches mean that there will be laws to protect me.
Laws are put into place so that the world would not be so chaotic. People would be able to do whatever they wanted to do. This is why the constitution and bill of rights was created so that people could not go out and kill or hurt others. People conform to these laws because of the consequences if the laws are violated. 4.
Although citizens must by law follow the law does not necessarily mean that the citizen’s belief system supports the legal system. It is the very laws that are established that preserve their
The Bill of Rights makes sure the government understands that they cannot violate people’s rights of liberty and privileges. The Anti-Federalists views proved to be true to this current day, as the Bill of Rights is in the Constitution, and it limits the power of the U.S. federal government and protects the natural rights, liberty, and property of
The Rawlsian concept of social justice can be broadly defined by its three constituent parts: what a person owes society, what people in that society owe each other and what society owes the people (Chenoweth & McAuliffe 2012, pp.41-42). Democracy is the notion that the government is accountable to the people through the citizens’ participation in free association and election (Woodward, Parkin & Summers 2010, p.3). The common thread which runs through and holds each of these concepts together is participation. Right here a diagnostic distinction can be made between a formal citizen and a substantive citizen. The former is merely a legal status and ensures some basic negative rights (Galligan & Chesterman 1999, p.8); while the later means participation and validation in the democratic process through the active disinterest of the public good (Saul 1997, p.79).
Judicial review is the right, or duty, the court has to review the constitutionality of legislation and/or actions taken by the executive branch. The court has the right to choose its cases, but these are brought before them not sought after by the court. What is the separation of powers? This is a form of checks and balances between the executive, legislative, and judicial branches of government. They are in place so as to contain the power of any one branch attempting to overstep its authority and act in a tyrannical matter.
In a more concrete understanding, the Constitution of the United States includes those “unalienable rights” initially granted to each citizen in the Declaration of Independence (1776). These rights safeguard the justice and freedom of every person whether he or she lives in the United States or in one of its territories, such as Guam. The Constitution specifies three branches which run America’s government. They consist of the legislative branch, the executive branch, and the
They wanted to have a system that could be changed when necessary. Self-Government was and still is important because people want to be able to participate in their government and help create laws that are fair to everyone. The third and final basic principle of our constitution is Separation of Powers, also known as Checks and Balances. Checks and balances are a system that allows each branch of a government to amend or veto acts of another branch so as to prevent any one