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 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 United States is known as the land of freedom, which permits, everyone to have their own opinions, and allows everyone to be able to convey them to others, this is permitted by the Constitution. The founding fathers had many contrasting point of views, regarding the formation of the Constitution. Patrick Henry, and James Madison had very diverse point of view, with regards to the government of the recently independent colonies.
Although the Constitution was put in place to protect the people, there is much debate about the strength and weaknesses of the Constitution. If you lived in this era, would you for or against the Constitution? The pros and cons of the Constitution seem to be based on geographical location, with the primary goal being breaking free of Britain control and establishing a functioning government that we all can live by. The boundaries of slavery stood in the midst of forming a more perfect union. Creating a more perfect union had its’ own agenda such as setting boundaries for state governments, securities, commerce, and the welfare of the people. In establishing the Constitution, it was decided that three branches government should be in powers
Some people have always wondered whether the making of Constitution of the United States was, in fact, supposed to happen at the Constitutional Convention or if it was even supposed to be drawn up in the way it was. In this essay, I will summarize to different views on what went on at the Constitutional Convention and how the Constitution of the United States come about. I want to emphasize that none of these views or theories discussed in this essay are my own. The convention that is referred to was held in Philadelphia, Pennsylvania. It began In May of 1787.
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
Without a loose interpretation, the Constitution would not be as adaptable and influential of a document as it is today. The Constitution, created in order to address the need of a flexible governing document, due to the Articles of Confederation’s failure to succeed in successfully governing the newly created United States. In order to ensure the flexibility of the Constitution, clauses such as the elastic clause and procedures such as the amendment procedure included in the Constitution. Without these flexible aspects of the Constitution, the document would not be as relevant to 21st century America and the issues that occur today. Although some argue that the Constitution should not be interpreted, I believe this document would not be as withstanding if it was not interpreted throughout history. The Constitution is a document for interpretation, a “living document”, not a direct translation, and must apply to the events occurring in 21st century America. It is a document with many new amendments since its inception as well as citations for application, and will continue to include new amendments and applications for years to
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.
The constitutional convention began in Philadelphia on May 25, 1787. The thirteen colonies involved at the time we ruled under the Articles of Confederation. The articles however became weak had flaws that the founding fathers noticed quickly with the states appearing to have individual power. On September 14, 1786 a meeting was established that gave out a call for the upcoming grand convention. Attendance was a huge issue in congress. The delegates from those states believed that is they didn’t show up then nothing can happen, but everything happens anyways. After the Annapolis meeting, selected delegates from the colonies met in Pennsylvania. They had to create and make new laws for the constitution; such as, establishing a unified currency.
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.
The Constitution of the United States is an intricate document, that has influenced and shaped many newly formed Democratic nations. Many people believe that the ideas in the American Constitution are all novel and original, but that is untrue. The roots of American Constitutionalism are found in the historical paradigms of Western tradition. The fact is, constitutional doctrines were long developed and put into use long before the birth of America. The Greeks, the Romans, the English, and even the Colonialist in the New World all formed constitutional doctrines that would later influence the Founding Fathers of the American Constitution.
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
The Constitution was written on September 17, 1787, during the Philadelphia Convention; also known as the Constitutional Convention. America’s Founding Fathers: George Washington, John Adams, Thomas Jefferson, James Madison, Alexander Hamilton, James Monroe, and Benjamin Franklin, all contributed to the creation of the democratic government of the United States. In doing so, they constructed the Constitution. Within the Constitution, it describes the role of the government and how it is divided between the three branches: Executive, Legislative and Judicial. The Constitution describes each branch and states their power so that there could be a separation of power and checks and balances between them. Also, The Constitution starts with the
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