Want the Constitution Quickly?: Let the Current Government Continue

The chapter wraps up with detailed coverage of the ambitious revision effort in the 1970s and more recent attempts at constitutional change. In general these revision efforts have failed, but they did lead to some important, if incremental, reforms. Learning why and how they

The story of the Canadian Constitution is a long and rocky one. It began in 1864 during the Charlottetown conference in 1864, lead to the implementation of the British North America Act in 1867, before finally being patriated in Canada in 1982 (Dodek 2013, 21, 28). However, it was patriated without the signature of Quebec, putting the future of Canada in peril. Future attempts to open the constitution were messy, and ultimately failures, but there are still some who think Canada should give one more kick at the can (Dodek 2013, 31). The paper will argue that Canada as a country should not re-open the constitution.

The key elements are that we need to pull together the main reforms into a new, legally enforceable package, negotiated between the states and the Commonwealth, supported by both sides of politics, adopted by law at both levels and endorsed by the people, which fills the silences of

Although the contents of the Somewhereland constitution are generally well-structured, there are several clauses that will cause us some grief down the road, E.G. “everybody feels that they have somebody that represents them.” This clause is an obvious blunder, simply because it is impossible for every person to feel that somebody represents them adequately. The balance of democracy is essential to national longevity, and it would be easily achieved if the upper house elections clause was passed. The state, not the populace, should choose its upper members. The parliament should reflect the people, but an upper section of parliament should be chosen by those with understanding and specialized education. This system does not denigrate the intelligence of citizens, but acknowledges that not every citizen has spent his/her entire life studying government and law. That lack of balance within our parliament may lead to future corruption and political instability.

The vagueness of constitution, while enabling the country to progress, has also been the source of conflict among the individuals in government office. In terms of the Supreme Court, there is a fundamental philosophical debate on how the vagueness of the constitution should be interpreted. Both sides adhere strictly to the written words of the Constitution there is no debate about that. But much of the constitutional rhetoric is open for interpretation, creating two schools of thought. The first thought, “originalism” argues that the Supreme Court should interpret the constitution solely to reflect the original views of the framers. Not only should the exact text be considered, but

I am not worried about changing the Constitution, but what I am deeply worried about is the manner by which it will be changed- the same dynastic trapos (rags) sitting in Congress through a Constitutional Assembly, and not through a Constitutional Convention which Duterte originally announced would be the way our Constitution would be changed. And, I am worried that the lower house has been co-opted and that the opposition in the Senate, which alive, may weaken over

The UK’s unwritten constitution, formed of Acts of Parliament [AoP], Royal Prerogative [RP], Constitutional Convention [CC] and Case Law [CL], prompts much debate about the ease of which constitutional change can be introduced. A written constitution is, by definition and practice, hard to alter however it remains to be seen whether it is any easier to change an unwritten

In the best political system, the rule of previously agreed upon law is respected, and the laws are put into place before political action is taken. When a new political body is created, a constitution that forms the basis for all political decisions must be created. That constitution should have contained within its design a way to resolve disputes about the meaning of the constitution itself and a procedure for changing the constitution. I know of just such a constitution, and it has led to a stable political system longer than any other in the

reflect that there is a commitment to a strong national government since it gives them the power

drafted by the Constituent National Assembly in return for keeping at least his symbolic power

India and China are two republics that have experienced very opposing political regimes throughout history. China has been fundamentally stable country with a lack of a distinct authority figure (Desai, 2003). Being a single party state China has been controlled by the Chinese Communist Party since the 5th National Congress held in 1927 (Wang, 2013). Correspondingly India, have always been a federal parliamentary democratic republic where the President of India elected is head of state and the Prime Minister elected is the head of government (U.S. Central Intelligence Agency, 2013). This

Through the study of human history it is evident authoritative and monarch governments prevailed as legitimate authorities but with careful considerations these political systems were seen as inaccurate by many. New political systems, functions and responsibilities soon began to surface. Democracy was among these new political systems and argues for the influence of citizens in politics and the protection of rights (Dahl, 1998, p. 44). Democracy can be found through many political systems around the world particularly in first world countries such as Canada and the United States of America. Fortunately the notions of democracy can also be found in some developing countries such as India. ¬¬¬Although democratic views and notions are found throughout Indian politics and its associated practices India does not prove to be completely democratic in relation to Robert Dahl’s criteria of democracy highlighted in his book, On Democracy. Robert Dahl, a political scientist and professor, sets up 5 criteria of democracy that includes effective participation, voting equality, enlightened understanding, inclusion and control of agenda (Dahl, 1998, p. 36-7). He argues that a sense of true democracy is founded when all 5 criteria of democracy are fulfilled (Dahl, 1998, p. 36). Unfortunately India is unable to accommodate the criteria of voting equality and effective participation due to its

Since the initiation of the Third Wave of Democracy, several countries have attempted to form a democratic system of governs. We take note that not all have succeeded. At the dawn of this era, democracy was being applied to countries with no prior history of a governing body that was place by the people for the people hence success of such a system could not be guaranteed because of the innumerous variables that existed in each country. People being the highlighted factor of variance, it may become easier to understand how countries such as Pakistan and Nigeria, both countries prior to the Wave had no local governing machinery. Pakistan further endured a partition from India which resulted in not only an instant religious and

India is the biggest democracy in the world, with a government type of federal republic. The country’s form of government mimics the United States with its federal structure. The federal government consists of executive, legislative, and judicial branches. In addition, India has adopted the a British style parliamentary system that allows for it its central government to have great power in relation to its states, according to US Department of State- Background Notes website (The Office of Electronic

At least, now alert citizens can slow down corrupt officers and politicians.Third, Indian politics will hopefully mature as more information passes through the hands of political rivals, police, judiciary, media and the people. The Act will reveal who is exploiting whom and how one can get justice for the poor and the needy. The judiciary will now have better data to decide against the corrupt.That sounds so far flung, doesn't it? Let us start from the district level. If the road leading to your town is washed out in the first rains of the season, you might like to ask who was given the contract to build that road, at what price and what the terms and conditions were.Was the contractor related to a Member of Parliament or a member of legislative assembly in that area? During the building of that road, did any government officer object to any deficiency or malpractice? Was there any communication in this regard? The concerned departments will have to come up with answers in the stipulated period.