External Laws And Judicial Decisions

Since the creation of the Constitution our country started to develop a better society where everyone had more freedom and the people also had the power to lead the future of the country. By the time the government added the Bill of Rights which gave the people personal rights and limitation of the government in their decisions. Nowadays, they still are part of our life and all of them are very important, but if I need to decide in which I believe are the two most important I would need to analyze them very carefully.

The Constitution is one of the most important document of the United States of America along with the Declaration of Independence. In the Constitution, the founding fathers and the government also included a set of "rights" entitled, The Bill of Rights. In The Bill of Rights, citizens of the U.S. are given rights, amendments, that make the U.S a "free" country today. This system has provided many citizens with rights such as, allowing them to express their religion and free speech and protect their privacy with no officials is allowed to search someone 's belongings unless there is a warrant that states reason. There are many more amendments besides the two listed and each of them are of equal importance to balance the power between the

The constitution contains the set laws in a country. However, different countries use different constitutions that define whatever is to be considered wrong or right for the people. Some practices may be acceptable in some nations and unacceptable in other nations. Individuals require a need to have a keen observation of the varying law in a case of the need to travel to foreign

Rights are not always absolute. Reason being there are mandates within the constitution that prohibit certain things from being over used. For example the first amendment gives you the right to exercise your freedom of speech. However hate speech, speech that incites violence or puts another individual in danger is prohibited. And does not fall under your first amendment rights.

There are a lot of limitations in each of our constitutional rights. Each limitation presents its own problem to the eyes of whomever is viewing this right. We all have our freedoms and are able to exercise our rights, but it’s the who, what, when, where and why’s these days as well as the involvement of state and national government that are causing each right their own set of

The Constitution is the Supreme of laws of the nation, which protects the people’s rights. The Constitution includes many amendments that provide the people many unalienable rights. The founding fathers fear of tyranny influenced them to create a restriction of power for the government, and create check and balances between the different branches of government. As a result of check and balances, the judicial branch was assigned to examine the constitutionality of certain laws passed by Congress. Moreover, the judicial branch, that use the judicial review to give power to the Supreme Court to revise and ban laws that are unconstitutional. The Supreme Court tries to balance the rights of the individuals with the responsibility of the society. However, there have been many cases in which the Constitution does not say to whom the power belongs to. For example, Abortion has been a controversial issue

United State Constitution that sets forth the rights of its people, and these rights must not be

Citizens of any country are given some rights as well as responsibilities, and the United States of America is no exception. The Constitution (US Const) of the USA as well as the first ten amendments, also known as “Bill of Rights”, defines the framework of it. It is a supreme law that defines how Federal Government works.

It may also include a charter of fundamental rights. And fundamental and inalienable and inviolable right. In other words, the constitution guarantees everyone the respect of the rights: it is necessary to guarantee the fundamental rights of citizens. It poses, for example, the principle of the equality of citizens, the universal suffrage ( Voting rights granted to all citizens of age) the source of legitimacy and allows everyone to have his case heard by an independent tribunal. A constitution is an instrument that must fights against arbitrariness by allowing all citizens freedom. Thus violating the freedom of people right is legitimately unacceptable level of government action although politics

Judicial Independence is fundamental to democracy, it serves as a guarantor of the rule of law and separation of power . However, nothing is perfect. There is some defect regarding to the judicial independence and solution must be made to curb the weakness.

The government is made to secure these rights. The government only gets its power from the people. That means you vote and you get a say in what happens which

Fundamental Rights may or may not be protected against breaking the terms of a law by citizens. Some fundamental rights can sometimes be asserted only against state agencies. These rights do contain a measure of protection against any State interference, including a restriction of the right by the legislature through its original law making procedure.

In most of the cases opposing the concept of human rights to national security is erroneous and unreasonable construction because the national security is the concept which precludes the physical and mental security of all members of the society, and therefore includes and predetermines the possibility of exercising human rights and freedoms. Without security the well-being is impossible.

The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence

However, just because there is a written constitution does not ensure the rights of a countries citizens will receive their rights – rather, it could lead to an elective dictatorship which might further restrict rights and may go on to persecute some of its citizens, which happened in Germany and resulted in the Second World War.