This essay will analyze in detail features of the written constitution and explain whether it should be included or not. Firstly, I would give a specific definition of a constitution. Then I state clear summary of three features of current New Zealand constitution comprised of democracy principle, its timely adaptability, and its various sources. After that, there are three features of written constitution which are democracy principles, an entrenched law and an enforceable mechanism would be illustrated. Finally, I would point out how and why a Bill of Right and an entrenched supreme law are worth including features, whereas the Treaty of Waitangi should be excluded out of a written constitution.
Constitution states government institution’s structural roles and responsibilities, and how those powers exercised. Besides, the constitution does display fundamental principles refer to human rights. As for current New Zealand unwritten constitution, it is found in a formal legal document that based on states court’s decisions and conventional practices (“OURNZ: NewZealandconstitution,”n.d.).
Here I would summarize three features of New Zealand’s current constitution. Firstly, it is known that New Zealand which has a parliamentary system of government is a monarchy. For this fact, the constitution’s first feature reflects a democracy- underlying characteristic of New Zealand government. Particularly, the constitution Act 1986- the principal formal statement will be exemplified
One strength of the UK constitution is the flexibility that it has, for the reason that the constitution is uncodified or unwritten and is therefore not entrenched in law. Due to the fact that the UK’s constitution is uncodified or unwritten, it has an opportunity to modernise itself to the ever changing society or any other new circumstances that may arise. An example of the flexibility of the UK’s
The Advantages and Disadvantages of an Unwritten Constitution in the UK The UK has an unwritten constitution unlike the U.S.A. Instead Britain's laws, policies and codes are developed through statutes, common law, convention and more recently E.U law. It is misleading to call the British constitution unwritten; a more precise form of classification would be un-codified. This means that the British constitution has no single document, which states principles and rules of a state. However, The British constitution clearly sets out how political power is allocated and where it is legally located. The British constitution is still visible and it defines composition and powers of the main offices and
When people gather together for form a society, they will automatically need a fundamental law (constitution) that will be above everything and everyone. Constitution is what actually regulates a country. It provides rights and set up obligations for everyone. The United States constitution is one of the greatest documents ever written. It provides liberty, prosperity, equality, more importantly huge freedom. However, the ratification of the U.S. constitution was not an easy task. The farmers had trouble to agree on several issues such as the representation and distribution of political powers; how to prevent excessive democracy; and the protection of individual liberties, etc.
Compare the strengths and weaknesses of the Articles of confederation to those of the Constitution. Which document did a better job at protecting liberties? Running a government? Explain your answer with specific examples.
The fundamental characteristics of a constitutional government contain of a written document which establishes the rules, rights, and principles of the government. These characteristics are the establishment of individual rights, federalism, higher law, separation of powers, and checks and balances. The establishment of all these rules, rights, and principles are all an
By the late eighteenth century, America found itself independent from England; which was a welcomed change, but also brought with it, its own set of challenges. The newly formed National Government was acting under the Articles of Confederation, which established a “firm league of friendship” between the states, but did not give adequate power to run the country. To ensure the young nation could continue independently, Congress called for a Federal Convention to convene in Philadelphia to address the deficiencies in the Articles of Confederation. While the Congress only authorized the convention to revise and amend the Articles the delegates quickly set out to develop a whole new Constitution for the country. Unlike the Articles of
Constitutional Recognition is about the Aboriginal and Torres Strait Islander people wanting to be recognised in the Australian Constitution. As the first people in our nation, they should be recognised and treated as equals. The Constitution is the founding legal document of our nation. It sets out the rules of Parliament and how lawmakers, government and courts operate. The Constitution was approved at Referendum by the people in the Australian Colonies between 1898 and 1900 and came into effect on the 1st of January 1901.
issues of all kind. The country I was born in did not guarantee freedom of
| In Massachusetts Bay, men who owned property could go to a town meeting and vote.
I believe that popular sovereignty is the most important idea in the constitution. Popular sovereignty states that “the people rule”. I think that this idea is important for various reasons. Some of which are that it keeps the leader from becoming too tyrannical, it protects the citizen’s rights, and it also protects the citizens from the government. I think all these preventions are important because they make the US what it is today.
The purpose of the United States constitution is to have a stable and flexible country. The Constitution has three main functions. First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens (history.com).
There is a dispute between people who are against the codified constitution and those who are arguing for it during the last two centuries. People who believe that a codified constitution is more suitable for democratic countries have strong points. For example, Heywood (2013) notifies that a codified constitution entrenches major constitutional principles and protects individual liberty. On the other hand, a codified constitution can be considered more rigid and can make it much difficult for the government and society to deem and balance new reality if the circumstances change. This essay is not going to discuss the strength and drawbacks of a codified constitution, but it is going to analyze how both codified and uncodified constitution deal with developed conflicts and unexpected circumstances. Moreover, this essay will examine examples from history and constitutions of such countries as China, France, the Soviet Union, the United Kingdom, the United States of America and Israel. My conclusion will be that it does not matter if the state has a codified or uncodified constitution, because the most important fact is that any constitution should be flexible enough to reflect political realities and respond on changed political circumstances.
The British constitution is flexible in nature, which has allowed for the development of this country over centuries without the need for a fully codified constitution. I
The rule of law broadly requires; that all are equal before the law , that the government is subject to the law and must exercise its power according to the law, finally that ‘there exist fundamental individual liberties and minimum standards of justice, to which the law must conform’ . The rule of law is problematic to define but put simply it is not ‘the rule of men’ and is evident in societies with functioning judiciaries and a clear separation of powers such as New Zealand. It is one of several intrinsic attributes of our constitutional makeup and overall the Judiciary aid in ‘ensure[ing] that the rule of
New Zealand is one of the countries in the world that has unwritten consititution and it is vital because it is the base of a government on how to govern a country based on it. Having a written constitution in New Zealand will give New Zealanders more access about certain documents on the consitution itself. On the other hand, if New Zealand continuously having an unwritten constitution, the citizen may not have knowledge on it due to limited access on it. This essay will clarify on constitution and what is a written constitution. This essay also covers the need to include the Constitution Act 1986, the Public Finance Act 1989 and the Arms Act 1983 and removing the Public Sector Act 1988 from it.