A codified constitution is a document in which constitutional provisions and fundamental laws are composed and written down within a single document. A codified constitution is often considered to also be rigid due to the limitations placed on the government 's ability to amend or remove aspects of the constitution. Aspects of a rigid constitution consist of special procedures and requirements for amendments, parts which are unable to be amended, limitation on governmental power and the fundamental rights of a nation. There is much debate over rather or not these aspects establish a stronger, more stable nation or if in fact it does the opposite by suppressing the flexibility provided by an unwritten constitution. Also nations with a rigid …show more content…
69). In the case of rigid constitutions, constitutional law is superior to ordinary law and each are derived from different sources. Under the constitution, the judiciary can deem a law unconstitutional thereby preventing the legislature from passing a law that they feel to not be within the spirit of the constitution (Tushnet 2009, p. 92). This is clearly ratified in Greece 's Article 87, which states "judges shall be subject only to the Constitution and the laws; in no case whatsoever shall they be obliged to comply with provisions enacted in violation of the Constitution." Additionally, the jurisdiction and composition of judiciary courts vary depending on the nation 's constitution. In France, the judiciary consists of two sections; one which holds jurisdiction over judges and another with jurisdiction over public prosecutors. In addition, rigid constitutions specify a separation of powers in order to maintain checks and balances on the different branches in order to preserve the constitutional …show more content…
In the French constitution, Article 71-1 establishes a "Defender of Rights", or Ombudsman, who ensures that the rights and freedoms of individuals are not being infringed upon by the state or public sectors. Consequently, a rigid constitution does not necessarily promote complete freedom from governmental control. While in the United States there is complete freedom of the press, as stated in the first amendment and no censorship over the radio or television, the same cannot be said in Greece. According to Article 15 of the Greek constitution "Radio and television shall be under the direct control of the State. The direct control of the State...aim at the objective and on equal terms transmission of information and news reports, as well as of works of literature and art, at ensuring the quality level of programs..." As previously stated, due to the rigidity of the constitution amending this to fit the public 's popular opinion can lead to long-term upheaval and
The absence of a codified constitution raises numerous questions. The main one being,
The Articles of Confederation were approved by Congress on November 15, 1777 and ratified by the states on March 1, 1781. It was a modest attempt by a new country to unite itself and form a national government. The Articles set up a Confederation that gave most of the power to the states. Many problems arose and so a new Constitution was written in 1787 in Independence Hall. The new Constitution called for a much more unified government with a lot more power. Let us now examine the changes that were undertaken.
The Constitution confers judicial power on the Supreme Court and on inferior courts as created by Congress (Hames & Ekern, 2013). Judicial review is the power of the court to interpret the Constitution and invalidate conflicting laws.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
We see a great example of this in the article providing for the judicial branch. "The article is now over a dozen pages long, and most of the changes that have been made are of the type that would have been unnecessary had the framers of the constitution stayed with fundamentals, as did the framers of the United States Constitution. The judicial article of the United States Constitution is printed on one page." (Riethmayer, 1941) If the constitution were to be rewritten to be less wordy and provide more of a framework it would be beneficial for running the government under it and accommodating to the ever-changing and growing state of Texas.
The Constitution is the foundation of our county it represents liberty and justice for all. We are able to live freely and do, as we desire because of the constitution. The constitution was, signed September 17, 1787 at the Constitutional Convention in Philadelphia. It took time and many debates were held before an agreement was achieved in both the drafting and ratification of the constitution. These disagreements came with several compromises before the constitution was fully ratified on May 29, 1790, with Rhode Island being the last and the thirteenth. The First, challenge was the Articles of Confederation; it was a sort of a draft of the Constitution but was weak and inadequate. Second, obstacle was the Anti-Federalists fight for more
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 Confederation, the new Constitution called for a national Executive, which was strongly debated by the delegates. There were forces on both sides of the issue trying to shape the office to meet their ideology. The Federalists, who sought a strong central government, favored a strong National Executive which they believed would ensure the country’s safety from both internal and external threats. The Anti Federalists preferred to have more power in the hands of the states, and therefore tried to weaken the national Executive. Throughout the convention and even after, during the ratification debates, there was a fear, by some, that the newly created office of the president would be too powerful and lean too much toward monarchy.
Upon the opening words of the Constitution, "We the People do ordain and establish this Constitution for the United States of America," one must ask, who are these people? While the American Constitution provided its citizens with individual rights, many members were excluded. Elite framers manipulated the idea of a constitution in order to protect their economic interests and the interests of their fellow white land and slave owning men' by restricting the voices of women, slaves, indentured servants and others. Therefore, the Constitution cannot truly be considered a "democratic document." However, because it is a live document, malleable and controllably changeable according to the interest of congress, it has enabled us to make reforms overtime. Such reforms that have greatly impacted America, making us the free, independent nation that we are today.
The U.S. Constitution has a unique history. Facing drafts and ratifications it was finally created under the founding fathers in 1787. The constitution is the foundation for the government we have today and influences almost every decision that government officials make. However, before the constitution was influencing, it was influenced. The political, economic, and diplomatic crises of the 1780s not only helped shape America, but also the provisions found the constitution.
In creating the Constitution, the states had several different reactions, including a rather defensive reaction, but also an understanding reaction. As a document that provided the laws of the land and the rights of its people. It directs its attention to the many problems in this country; it offered quite a challenge because the document lent itself to several views and interpretations, depending upon the individual reading it. It is clear that the founders’ perspectives as white, wealthy or elite class, American citizens would play a role in the creation and implementation of The Constitution.
In the wake of Abraham Lincoln’s election to the presidency in 1860, South Carolinian officials signed a Declaration of Secession that renounced their ties to the United States and marked the creation of the Confederate States of America. Less than six months later, at the command of the Confederate president Jefferson Davis, troops were dispatched to assault Fort Sumter, a Union fort in the South Carolinian port of Charleston. This was the battle that signified the division of a nation. This was the culmination of years of conflict and debate between northern and southern state officials, including topics such as the interpretation of the United States Constitution, economic policies that would only help either the north or the south, and
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
Constitution is a necessary feature as it defines how power is disseminated within the government and establishes the rights of the citizens and the laws and rules for the country. In order to be successful, a country’s should reflect and satisfy every citizen’s needs and interests.
The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there