Essay on Role and Functions of Law

The Law Commission is the main law reform body. It was set up in 1965

The Founding Fathers created the federal constitution during their time and this contained an intricate set of checks and balances between different levels and branches of government. This remains relatively unchanged within the US constitution. This set of checks and balances works in a way that makes the different branches of government still have independence and work on their own, but also requires them to work together interdependently. This creates better, stronger

     In order to control the effects of a faction, Madison said that the government needed to have a checks and balance system. By doing this, factions are prevented from getting too powerful. This is the reason why the Americans clearly put a checks and balance system in the constitution. In the constitution, these rights are guaranteed (Ziegler 216-220).

Checks and balances help prevent tyranny. Each branch checks each other to make sure each one doesn’t get too much power. For example, one way that the legislative branch checks the executive branch is to override vetoes and impeach the President. Also, one way the executive branch can check the judicial branch is by nominating judges into the Supreme Court. One way the judicial branch can check the legislative branch is when they can declare a law unconstitutional. This way, our central government is each divided in

In order to protect against tyranny, a system of checks and balances was designed to keep any one of the three branches from gaining more power than another branch. According to James Madison, “the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…(The three braches) should not be so far separated as to have no constitutional control over each other.” (Doc C) He thought each of the three braches could watch one another and keep them in check. They have the ability to control portions of the other branches. If one branch does something unacceptable, another branch can step in and overrule the branch in question. An example of this is that the President has the ability to veto legislation if Congress passes a law that is too extreme. At the same time, the Legislative branch has the power to override a veto by the President or even impeach the President. (Doc C) Without a system of checks and balances, one of the three branches could gain control over the others allowing tyranny. This structure framed into the constitution gave assurance that the powers would oversee each other and not allow major shifts among

The Constitution guarded against tyranny since 1790. They did this by separating the powers of the three branches of the federal government in a way that the branches can check with each other, and giving each state 2 senators. In Federalist Paper #47 by James Madison, it says, “(L)iberty requires that the three great departments of power should be separate and distinct.” This quote conveys that James Madison think that the three branches of the federal government, legislative, executive, and judicial, should be divided, but each will have equal power. The separation of power guards against tyranny, so one branch could not become too powerful than the other two. From the Federalist Paper #51 by James Madison, it states,

James Madison needs the trust of the people to frame the government's branches to separate the power of the governmental branches. Secondly, the government to repeal against tyranny had to use checks and balances to keep every part of the National government in check. In document C it states "the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other." Telling us that during the meeting of the continental constitution they discussed a plan to keep all parts of the government in check in with each other. This also tells us that they had to make it perfect enough so that if a law wasn't right for example, it went through the executive branch and the judicial branch before it was able to become a law.

The Constitution was made to avoid tyranny. They wanted to create a government that avoids having too much power to a person or a group. They also wanted to create a government that wasn’t to weak to support the nation. The Constitution guards against tyranny by creating checks over the branches, giving power to the central government and the states, and creating the three branches separate and distinct.

Checks and balances is a system that prevents one branch from having too much power, and giving each branch some power over the others. Doc C is an excerpt from Federalist #51, that was written by James Madison in 1788. The federalist papers were written by John Jay, James Madison, and Alexander Hamilton, to convince the states to ratify the constitution. According to Doc C, “... the constant aim is to divide and arrange the several officers in such a manner as that they may be a check on the other…. (The three branches) should not be so far separated as to have no constitutional control over each other.” The quote from Doc C shows that each branch should have some power over one another to ensure that not one branch becomes a tyrant. The constitution guards against tyranny through checks and balances, which lets each branch check each other on their actions, and stop them if they are abusing their

Upon the ratification of the United States Constitution select individuals expressed Their opinions on how a government should be ran in a series of 85 articles. In these papers dubbed “The Federalist papers”, James Madison explains and defends the checks and balances system unique to our Constitution. In Federalist Paper No.51, Each branch of government is built so that their powers are checked by the powers of the other two branches; additionally, the powers of the three branches are checked by the people, who are the source of legitimate authority. “It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government…If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary…A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.”

James Madison can concludes that without a checks and balance system, that branches can make negative decisions. For example, congress passes a bill, that is unconstitutional and the president disagrees with. Without the check and balance system that bill becomes a law, with the checks and balance system the president can veto the bill and the judicial branch can declare the bill unconstitutional. The government is set up to be intentionally divided to assure one branch will not be able to overpower the others. The complex process of checks and balances prevents tyranny because all the branches have equal and competing

The constitution guards against tyranny through, checks and balances, Federalism, and by giving large and small states powers. One way the Constitution guards against tyranny is through a system called checks and balances. Checks and balances is a way for each of the three branches of government to check on each other to make sure none of them gets too powerful. Some examples of checks and balances include, the Executive checking the Legislative by being able to veto bills, then the Legislative can check the Executive on that by overriding the veto, and finally the Judicial can check both of them on that by declaring that law unconstitutional, but then the Legislative branch could propose an amendment to the constitution (C). It could

A contract is a bargain which two or more parties entered into voluntarily with a lawful object, each of whom intends to create one or more legal responsibility between them in law. Thus, a contract may be formed when two or more parties each promise to perform or to refrain from performing a little action now or in the future. (Boston, T. 1779) What is more, contract law shows what promises or commitments our society believes should be legally binding. Similarly, Professor Arthur Corbin's (1874–1967) famous first axiom of contract law is that the main purpose of law is the realization of reasonable expectations induced by promises. Hence, comments demonstrate that the purpose of contract law is to protect legal promises or commitments between two or more parties which build a

The constitution was established by men who had experienced the dictatorships of Europe and had escaped from its grasp. They sought to establish a form of government that would never allow a dictatorship or tyrant ruler to hold power over the people like in the places they had fled. With their creation of the foundation of what our government is today they created a system where 3 branches were all of equal power and each could be overruled by another which prevented any branch becoming superior of another. The separation of powers provides a system of shared power called Checks and Balances.(2) The three branches are legislative, judicial and executive and they each have specific powers to

Madison said “If angels were to govern men, neither external nor internal controls on government would be necessary.” (Madison, 1788). A system of checks and balances needed to be implemented. Madison argued that the only way the government could be effective was to allow it to “control the governed, and in the next place [be obliged] to control itself” (Madison, 1788). The Executive Branch is responsible for implementing the laws passed by the Legislative Branch, and those same laws are either upheld or rejected by the Judicial Branch. The three branches of government must work together to provide for the general welfare. The fragmentation of the power, along with a system of checks and balances, greatly diminishes the ability for one branch to gain too much power. This guarantees the rights of the people and ensures the government’s ability to govern.