The Pros And Cons Of Basic Law

In ancient China, many different rulers tried to unify and rule the country using a variety of methods – Confucianism, Daoism, and Legalism to name a few. Each philosophy had its own set of rules of how people should act both in public and privately. The overall goal of each philosophy was to set a standard of acceptable living that would ensure harmony and success for the society. However, each was different and thus had different results. The best way for the people of China to succeed in a harmonious, respectable society occurred when both Confucianism and Legalism were combined.

In both China and the United States, the judicial system is composed of courts that contain several different levels. However, there is a basic structural difference between the Chinese and American legal systems. In America, the three branches of government are supposed to be separate, so that the court system is supposed to be beyond party politics and partisan antics. This separate system of checks and balances does not exist in China. On the contrary, the judicial branch is not independent. It is meant as an extension of the government, and therefore of the single political party with any power in China. The distinction between American judicial independence and Chinese judicial dependence may be one of the most critical differences between the two systems because the American judicial branch is meant to act as a check and balance with the other systems, while China's three-part system has the same branches but lacks the same independence.

Xin Ren, Tradition of the Law and Law of the Tradition: Law, State, and Social Control in China 19 (1997). Although both of them exerted a deep influence on China’s state-building as well as on its moral and legal traditions, at the beginning, these two philosophies were bitterly opposed to each other, as they were based on entirely different principles. Id. Despite their differences, Legalism and Confucianism both endorsed the concept of the absolute monarchy. Id. China’s current has a legal system reflecting some aspects of contemporary civil and common law as practiced in the Western legal traditions; however, China’s legal system has often been based on Confucian philosophy, which accentuates social control through moral education and a juridical priority regarding coded law and criminal sanctions. Percy R. Luney, Jr., Traditions and Foreign Influences: Systems of Law in China and Japan, 129 (1989).

As Cohen (2009) stated, harmonization can happen in a variety of ways, ranging from the decisions of individual states to reform their own legal structures to conform to a common standard to the adoption of a multilateral treaty in which states commit themselves to adopt a common legal model. (Leebron, 1996) This can be seen in some countries who have adapted different ways of reforming their own model while it can also be seen in regional areas mainly the European Union (EU) while the Association of Southeast nations (ASEAN) have just adopted it last year.

It is impossible to rightly govern a nation without rules and regulations. They are the foundation to bringing harmony in a society where racial differences exist. Boundaries are what set limits,  as to how far an individual can go before they go to far. These borders give individuals the fear of consequences which as result leads to a compatible society. However, without these principles and rules present, society would be in a state of anarchy. Without rules, there would be an increased chance of the violation of values and norms which would set the world in a state of havoc. Living in a world without principles and regulations would cause the foundation of unity to collapse which as result would lead to a world filled with injustice, lack of morals and guilt, and an increased chance of the violation of values and norms.

In almost every law the constitution is present. It creates a basis for our american government and contains speech that prevents misuse of power. One of the main characteristics of the Constitutional government is the Higher Law. This law promises final authority of government and is known to be superior to any Federal or State Law. As Americans, we take the Higher Law passionately, only allowing it to be changed with serious consent and consideration from the citizens. The Higher Law also helps us recognize that the government contains limitations when it comes to the citizens’ rights and responsibilities. The governing body is placed under the authority of the constitution, which includes the rights of the people.

Statute laws are Federal laws approved by Congress and the President of the United States. While anyone can propose that Congress adopt a law, the bill must pass both Houses of Congress before being signed or vetoed by the President. If the President veto’s a bill Congress has the power to override that veto with a two-thirds approval vote. The bill then becomes law. Statutes are the primary source of authority. Federal Statutes outweigh local and state statutes. For example, even though Colorado, Washington, Orgeon and D.C. have legalized the recreational use of marijuana, under federal law it is still illegal.

Many claimed laws were “separate and equal”, when in reality this was rarely true. These laws kept African Americans from having the same rights as a white person, such as jobs, loans, and testifying against white people . Whites might not be physically punished, but they'd be chastised. Often entire families would be shamed, warned, and even shunned. Many blacks were arrested, beaten or killed. If a white person broke this law, they would be chastised. Nothing compared to what black people could have to deal with.

The jury system was introduced in Queensland in 1867 as part of the Queensland Constitution Act. Juries are used in indictable offences in criminal trials. They are mainly used in the District and Supreme Court if the accused pleads guilty. Juries are used to decide the guilt or innocence, of the accused person, based on the facts and evidence provided in court by the Prosecution and Defence Council.

Gunay Alibeyli Written Assignment 1 Constitution is a superior law of any country and other laws are made on basis of it. That is why amending the constitution is a very crucial issue. The question can appear that “Why do we need amendment?”The word “amendment” itself means correction or improvement. Every constitution needs improvement in order to accommodate new political or social changes, in other word no modern country can live with an “old” constitution.

Our Constitution is over two centuries old and since the birth of it as early as 1803 the Supreme Court defined its role and power in the case, Marbury v. Madison, 1803, establishing the authority to define what the law is. Thus, if the law is confusing, it is up to the courts to interpret the law through the process of judicial review. There is much controversy as to whether or not judges are following the laws as written or imposing their personal preferences and rewriting law to suit themselves. Ackerman believes “it’s a good thing that formal amendment is so hard; otherwise, the Constitution would become a mess, full of details signifying little,” (Ackerman, 2007 p. 1743). There are opposing viewpoints as to the approach and evolving perspectives in the decisions made by our judges. I will analysis the opposing proponents, originalists and Living Constitutionalists, viewpoints in their interpretation of the Constitution and present their arguments in relation to their perspective on the Constitution. In addition, I will apply their interpretational philosophies in the case Griswold v. Connecticut and ascertain the impact of their philosophies to the outcome of the case.

The state legislature is considering a law that would require people who want to become parents to first get a license to ensure they are qualified to raise children. I do not think it should be required to get a license before having a child. There are many reasons why requiring a license would be bad.

Completing Public Law, furthered an interpretation of the United States Constitution and the Rule of Law. The Constitution, is a document outlining the separation of powers (executive, legislative, judicial), is an endowment of individual liberties, and an unfunded mandate. Our representative democracy and the creation of an administrative state use politics and rules to fund the mandate.

Natural Law is a deontological moral theory (with several elements of teleological concepts) that determines the morality of an action based on the primary precepts, whilst also reflecting on human nature and rationally working out what leads us to happiness. One of the perceived strengths of Natural Law is the idea that is shares common human nature across the world. This means that we can uphold a moral standard that everyone must follow, rather than finding ourselves stuck with moral relativism or subjectivism. This is a benefit as if morality was subjective then any individual, such as Hitler would be able to justify his actions due to his interpretation of morality being subjective. Similarly, if morality is relative to a particular social culture, then what we think of being morally correct could simply just be a social construct, and we shouldn’t enforce this social construct onto others who follow their own moral law (an example of this is the Western Laws enforced in the Pitcairn trials). Because of a shared human moral code, Natural Law is one of the few moral codes that could state plainly and clearly that murder is wrong, without considering the time, place or scene. This argument, though having its merits, is a victim to what is known as the “is-ought” fallacy. This fallacy was introduced by David Hume and he said, “If something is a particular way by ‘nature’, it does not logically follow to conform. Therefore, even if we have a natural inclination to act in a

The People's Republic of China is a socialist country led by the working class, based on the worker-peasant alliance and practicing people's democratic centralism. The socialist system is the primary system in China.