Framers Of The Constitution Essay The framers of the Constitution were visionaries who sought to establish a limited representative government which not only restricted the powers of an existing government, but also safeguarded the rights of the minority through restricting majority rule Essay 1 The Constitution of the United States created the form of government known as federalism. The national and state governments each have specific powers and functions, while also sharing some of the same powers. The Constitution made the agreement that any laws passed under the constitution would be the supreme law of the land The United States of America has a written constitution. In the constitution there is complete separation of powers to ensure that there is no part of the government that dominates the country's rule. This has been made possible with the use of the federal system; it divides power between the national government and the states
The Constitution Essay | Examples & Papers
Essay 1. Definition of Constitution: Every state has the constitution essay constitution of the constitution essay own, like every game having some rules of its own. Football has one set of rules and the cricket has a different set of rules. These rules for the state are called the constitutions.
These rules are there to fix the structure of the supreme government. Every state must have a constitution, since every state functions on the basis of certain rules and principles, the constitution essay. In the broadest sense, the constitution essay, a constitution is the fundamental body of rules governing the affairs of an organised group.
Thus a parliament, the constitution essay church, a social club or a trade union may operate under the terms of a formal written document called the constitution. The provisions made in the constitution are considered to be basic, the constitution essay.
So the presiding officer of a club must hold that a proposal the constitution essay out of order if it runs contrary to the provisions of its constitution. Every national state has a constitution for the purpose of operating its important institutions according to some fundamental body of rules. In that sense, the only alternative to a constitution is a jungle life or a condition of anarchy. The constitution is the fundamental law that not only determines the powers and responsibilities of the state but reflects the will of the people also.
For R. The accumulated material and the spiritual circumstances of the time are mirrored through the constitution. The political philosophy of the people and their time are reflected through the constitution. With the change in the philosophy of the people the constitution also changes. The constitution is the key to the forms of the government. The constitution may be a single document and it may be also some rules, maxims the constitution essay conventions.
So every constitution contains some written provisions and also some unwritten conventions. i It should lay down the powers of the government and the the constitution essay organs of the government like the legislature, the executive the constitution essay the judiciary. ii In a federation the constitution distributes the powers between the federal authority and the units. Essay 2, the constitution essay. Utility of the Study of the Constitution: First, the constitution essay, a study of the constitution tells us the important things about the quality and temper of political behaviour in the country and at the same time points out the active sources of political powers.
Secondly, the constitution essay, it gives us insight into the essential core of the government of that country and the basic structure behind the constitution statute. Thirdly, without a knowledge of the constitution statute we cannot know whether there has been any breach of any provision of the constitution.
From this we may further go to know: who has broken the rule? Why has the rule been broken? What are the effects of such breach of rules? Lastly, from a study of the constitution we have an exact knowledge of what happens or who does what, where and when a highly important affair occasions.
Thus from a study of the constitution of the USA we know that every fourth year the electors will vote for a President and the constitution essay Vice-President.
Suppose the President of the French Republic is incapacitated or declared insane or resigns, who will take over from the President for the time being? What will happen after that? Or, suppose the President has dissolved the National Assembly and dislikes the result of the subsequent election, can he dissolve the assembly again and order for a new election?
The answer is that he cannot until one year elapses, the constitution essay. Essay 3. Aristotle Classification of the Constitutions: It was the Greek philosopher Aristotle who was the first to classify the constitutions.
He had two criteria in classifying the constitutions. The first criterion was quality of the constitution. So on this basis Aristotle the constitution essay two kinds of constitutions, namely good or pure and bad or perverted constitutions, depending on the ability of a particular system to achieve justice.
He defined monarchy as a rule by a virtuous man and considered it as the best form of constitution. According to him, tyranny was the rule by a selfish man which was the worst form of the perverted system, the constitution essay.
His second best constitution was aristocracy which was a rule by a virtuous few. The third best the constitution essay polity or moderate democracy. The extreme democracy which is a rule by the mob was considered the best of the perverted form of government, the constitution essay. According to Aristotle, oligarchy, which was a rule by a selfish minority, was the perverted form of aristocracy. Thus applying his the constitution essay criterion of quantity he lists his constitution as monarchy or tyrannyaristocracy or oligarchy and polity or democracy.
In a monarchy or tyranny the supreme power is vested in a single man. In an aristocracy or oligarchy the rulers are a few people. In a polity or democracy the supremacy lies with the whole body of the citizens.
His difference between good and bad is something of interpretation and so this classification is unscientific. Essay 4. Modern View of the Classification of Constitutions: 1. Written Constitution: A written constitution is a written piece of document enacted in the manner of laws. The conscious and deliberate wishes of the people are reduced into writing after thorough consideration of all aspects of the matter.
It is drawn up by the representatives of the people. The constitution of the constitution essay USA was the first written constitution to be drafted by a Constituent Assembly. The constitution of India was enacted by the Constituent Assembly duly elected by the people for the purpose of making the constitution. The written constitution has a date of its commencement.
The constitution of India commence on 26 January A written constitution is precise, definite and systematic, the constitution essay. In the first place, the written constitution is definite and precise. Since all the powers and functions of the different organs of the government are written down there is no scope of one travelling into the territory of other, the constitution essay. A single document constitution has such advantages as greater precision, simplicity and consistency.
In the second place, the written constitution guarantees the fundamental rights. In a written constitution there is not only clear power of the various authorities but the basic rights of the people also. The result is that the government cannot behave arbitrarily and cannot take away the fundamental rights of the people. In the third place, a written constitution is a must in a federal form of government.
In a federation the central government and the provincial government both derive their power from the constitution and it is imperative that which power belongs to whom must be clearly laid down in the body of the constitution. There is no better way of having it than getting all such powers written down in the body of the constitution. So a federation will be unworkable without a written constitution. In the first place, a written constitution has the disadvantage of its too much details and rigidity.
The constitution of the USA with 7, words is a model of brevity, the constitution essay the constitution of India with Articles and eight Schedules is the wordiest of all national constitutions. The rigidity hampers growth and adjustment to the changing social and economic conditions.
And so there is the inherent danger of a revolution or political upheaval under a written constitution. In the second place, a written constitution is a lengthy affair. This unusually lengthiness may lead to disputes and litigations, the constitution essay. Experience shows that some written constitutions are too much detailed.
They invite disputes and litigation. In the constitution essay words, they inject too much rigidity in cases where flexibility is preferable. Again, the constitution essay, since a very long constitution says too many things on too many subjects, it must be amended time and again. This will make the constitution still longer. In the third place, the procedure in a written constitution is difficult and time-consuming, the constitution essay.
Written constitutions are not only likely to give rise to greater problems of interpretations than un-written ones. They are also harder to change. The corresponding merits of unwritten constitutions are that they tend to change gradually, continually and often imperceptibly in response to the changing needs.
But when a constitution lays down the exact procedures for the election of the President, for relation between the executive and legislative branches, or for defining whether a particular governmental function is to be performed by the federal government or a member province, then the only constitutional way to change these procedures is by means of the procedure provided by the constitution itself or by its own amendment.
This is not only difficult but time-consuming too. In an unwritten constitution there is nothing like an enactment of laws the constitution essay a Constituent Assembly composed of the representatives of the people. It is mainly a collection of customs, conventions, traditions and some written laws drawn unsystematically at different points of time.
It is a growth of historical accidents and chances. It has no date of commencement. The classic example of the unwritten constitution is the constitution of England. New Zealand and Israel are the other two countries with unwritten constitutions. As to the English constitutions written parts are chiefly the Magna Carta granted by King John in the thirteenth century. The second written installment of the constitution of England was the Bill of Rights of granted by King William III after the Glorious Revolution.
The The constitution essay of Settlement of and the three Reforms Bills are the other written parts of the British constitution, the constitution essay.
The gaps are to be filled up by the customs, traditions and national spirit of the people of England. In the first place, an unwritten constitution has the advantage of adjustability and adaptability, the constitution essay.
Constitutional Law Takings Clause Essay Approach Sample
, time: 13:34Essay on the Constitution: Top 6 Essays | Government | Law
Essay 1 The Constitution of the United States created the form of government known as federalism. The national and state governments each have specific powers and functions, while also sharing some of the same powers. The Constitution made the agreement that any laws passed under the constitution would be the supreme law of the land Framers Of The Constitution Essay The framers of the Constitution were visionaries who sought to establish a limited representative government which not only restricted the powers of an existing government, but also safeguarded the rights of the minority through restricting majority rule The U.S. Constitution The U.S. Constitution was written during the Philadelphia Convention on September 17, It was a success because it established America’s government and fundamental laws. The U.S. Constitution guaranteed certain basic rights for its citizens while also providing an increase in federal authority
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