Constitution type

How much do you know about tyranny? In May of 1787, 55 men came together, confronted with the reality that their current Constitution, the Articles of Confederation, was not working. The situation was the result of the desire to form a tyranny free government. Now they would have to create a new stronger government that could also protect against tyranny. Three ways the Constitution defends against tyranny are federalism, separation of powers, and checks and balances. Federalism is one of the ways

Introduction A ‘free society’ is a system of interaction between humans wherein every person can participate in a civilised manner and without discrimination. In Australia, the Commonwealth of Australia Constitution Act 1900 (Imp) is the primary source by which society operates as an essentially free society. This paper seeks to establish that the functioning of such a society is dependent upon the existence of a legal framework supporting the rule of law, which is ultimately, an ideology.

Introduction The protections under the Corporations Act suffice to guard the minority from the majority’s unfair wrongdoing. In fact, the Australian corporate law provides significant protections on shareholders. To support the argument, this essay discusses Foss v Harbottle rule and derivative action. It also elaborates exceptions to the rule, especially ‘fraud on the minority’ and statutory protections available for the minority protection under the Corporations Act. These are analysed in views

as he focused on budgeting, without recognizing the benefit to public welfare that would reduce disease, death and have a rehabilitative effect on participants of the program. Judicial decisions play an influential role in the provisions of the Constitution because their interpretation is essential to understanding and employing it. In this essay I will argue that the traditional role of the judges has evolved into having a determinative function of law, that allows judges to uphold citizen’s rights

The general position on when references for preliminary rulings are to be made is governed by Art 267 TFEU.Under this provision,‘a court…of a Member State against whose decisions there is no judicial remedy under national law’ must refer a matter of interpretation of European Union(EU) law to the CJEU for a preliminary ruling where a decision on that matter ‘is necessary to enable it to give judgment’ in the case before it.The Constitutional Court of Denrovia(CC) is a court against whose decisions

In this essay, I am going to analyse R(Bourgass) v Secretary of State for Justice, an administrative case based on the exercise of ministerial powers by public bodies. The two issues raised in this case were (i) whether the decisions to segregate the prisoners for substantial periods were lawfully authorised and (ii) whether the procedure on segregation was considered fair under the common law. The decision for segregation were made under the Prison Act 1952, Rule 45 of the Prison Rules 1999 and

Constitutional and administrative law both govern the affairs of the state. Administrative law, an area of law that gained early sophistication in France, was until well into this century largely unrecognized in the United Kingdom as well as the United States. To the early English writers on administrative law, there was virtually no difference between administrative law and constitutional law. This is evident from the words of Keith: “It is logically impossible to distinguish administrative from

The strongest of us are the ones who have fallen and risen, the ones that have been damaged and repaired. Our democracy has not only been broken but stolen, and that’s why I strongly believe in the potential of it. I’m reassured that our political system is certainly not at it’s best, but this realization simply means there’s so much potential for it. In the Dominican Republic the framework is a representative democracy where in the elections there is an FPTP method, which simply means that the candidate

Parliamentary sovereignty and the rule of law are both concepts that are key to shaping the British constitution, however there is ambiguity as to which concept is the heart of the UK’s constitutional arrangement in the recent years. Britain, to begin with, has no written constitution due to the country’s own constitutional structure’s stability. It remains uncodified, yet it’s legal sources stem from Acts of parliament, European Union law, equity and common law,. Therefore the varying powers of

also eliminates the chances of tyranny. Power is divided among three branches: the executive, legislative and judicial. This system was put in place by the framers of the constitution to prevent power being held solely by one branch of government. When power is centralized, corruption tends to occur. The framers of the constitution understood the possibilities of corruption based on our past with England. By allowing power to be non-centralized, this allows local citizens to participate in their