The British Constitution
A constitution is a set of laws on how a country is governed. The
British Constitution is unwritten, unlike the constitution in America,
and, as such, is referred to as an uncodified constitution. The
British Constitution can be found in a variety of documents.
Supporters of our constitution believe that the current way allows for
flexibility and change to occur without too many problems. Those who
want a written constitution believe that it should be codified so that
the public as a whole has access to it – as opposed to just
constitutional experts who know where to look and how to interpret it.
Amendments to Britain’s unwritten constitution are made the same way –
by a simply majority support in both Houses of Parliament to be
followed by the Royal Assent.
The British Constitution comes from a variety of sources. The main
ones are:
* Statutes such as the Magna Carta of 1215 and the Act of Settlement
of 1701.
* Laws and Customs of Parliament; political conventions
*...
“The Constitution is the guide which I never will abandon.” words of George Washington. In Philadelphia, on September 17, 1787, George Washington and the Delegates of the Constitutional Convention signed and agreed to The Constitution of the United States. The exploration of creating a new government with the United States Constitution, led to encounter other constitutions. This encounter affected how the government will run by the rights people have, the laws that were made, and the branches.
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.
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.
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Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
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 Articles of Confederation, adopted in 1781 represented the former colonist’s first attempt to establish a new government after the Revolutionary War. These Articles provided a weak political document that was meant to keep the states united temporarily. The states had all the power, so any changes made to the Article of Confederation would take every state to approve it or amend it. In February 1787, Congress decided that a convention should be convened to revise the Article of Confederation (Constitutional Rights Foundation, 2009). Congress felt the Article of Confederation was not enough to effectively deal with the young nations issues. Congress knew it was time for the country to move forward, and to do that, there would be some big changes ahead, and that was the end of the Articles of Confederation, and the beginning of the created US Constitution.
The Making of the Constitution The Constitution of the United States, the fundamental law of the United States of America. Drafted by the Constitutional Convention in Philadelphia, Pa., between May 25 and Sept. 17, 1787, it is the world's oldest written constitution still in effect. The document presents a set of general principles out of which implementing statutes and codes have emerged. As such, it embodies the essence of constitutionality--that government must be confined by the rule of law. The House of Representatives, Congress, The President and Vice President were executive powers outlined in key sections within the Constitution.
The United States Constitution is the law of the United States. It is the foundation of this country and the most important document in its history. It provides the guidelines for the government and citizens of the United States. The Constitution will unquestionably continue to carry us into the 22nd century, just as it has for over two hundred years. The principles of the Constitution remain strong to this day, especially with respect to our government and to the Bill of Rights. To terminate the Constitution will essentially serve to undo two hundred years of history. If anything were to be changed about the Constitution, it would be the expansion of its principles, such as the growth of individuals’ rights.
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.
The Constitution of the United States was created on September 17, 1787, but not everyone agreed that it should become the law of the land. Authors of the Constitution, James Madison and Alexander Hamilton, published The Federalist Papers to promote ratification of the Constitution by the States. The Federalist were committed to ensuring the Constitution was ratified. However, they were not without opposition. The Anti-Federalist opposed the Constitution and believed that it would cause the new union to fail. Anti-Federalist were politicians and businessmen such as George Mason, Patrick Henry and John Winthrop, but there were many farmers and common people among the group. Their primary objections to the Constitution was that it weakened the State governments, that it lacked a Bill of Rights and that it protected the wealthy at the expense of ordinary Americans.
Could you imagine a world without a constitution? No rules. Laws. Consequences. The world would be in a much worse place than it is today. Over 200 years ago the founding fathers gathered in Pennsylvania, where the constitutional convention was held in order to amend the articles of confederation. As they intended to amend the plan, they realized that it would be impossible so they secretly began working on an entire new constitution. The United States Constitution. It established the forms of national government and defined the rights and liberties of the American people. The Unites States constitution has seven principles, those which are, Popular Sovereignty, Separation of Powers, Checks and Balances, limited Government, Republicanism, Federalism, and Individual Rights. Each principle has its own meaning and purpose as to why it was included in the constitution.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
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.