38 identifies five sources:- (a) Treaties between States; (b) Customary international law derived from the practice of States; - Colonies no longer tolerated taxation without representation Co-operative government is thus about partnership government as well as the values connected with it, namely national unity, peace, proper co-operation and co-ordination, effective tion to explain the government's actions to the citizen. Though it raised many disputes and was ultimately ratified, it sparked the idea of having a declaration that . The ratification process was important, as without it the document did not . 21 According to the Constitution of Kosovo, a treaty becomes binding after being signed by the President of the Republic and ratified by the Kosovo Assembly. 2.2 It cannot be frivolously tampered with. judicial independence, the ability of courts and judges to perform their duties free of influence or control by other actors, whether governmental or private. Introduction To Human Rights and Fundamental Rights. More specifically, outline the main features of the Malaysian constitution. Democracy and human rights under the FDRE constitution A) Right to life It is part of personal right which includes of right of privacy. Chapter Nine Institutions refer to a group of organisations established in terms of Chapter 9 of the South African Constitution to guard democracy.The institutions are: the Public Protector; the South African Human Rights Commission (SAHRC); the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) 2.3 It is easy to understand the content of the constitution. Democracy and human rights under the FDRE constitution A) Right to life It is part of personal right which includes of right of privacy. Conclusion: Conclude with way forward. Government established the Departments of Foreign Affairs, War, Marine, and Treasury. To ensure the Management Committee functions properly. Public institu-tions are dynamic entities and an effective response to the impact of the 'forces'of change, will determine survival and success. The government of a certain country has the responsibility to ensure the security of its people through the means of an effective legislation. (1) The organs of supreme authority may not, jointly or separately, suspend the exercise of rights, freedoms, and safeguards except in case of a state of siege or emergency declared in the form laid down in the Constitution. With this being said, having a Government is very essential in a Political Community or State because having this can ensure the safety . 3. Right to Freedom under Article 19 includes −. etc. Briefly explain how it operates. And lest it be overlooked, dividing power between . Therefore, the main tasks the UN performs are firstly to maintain international peace and security, including conflict prevention, appeasement of existing conflicts, peacekeeping and the consolidation of peace which are the primary responsibilities of the Security Council. Below are some of the major reasons why the Constitution is important in a country: Helps to maintain law and order: The Constitution of a country contains the set of laws that are used to govern a country. These Writs are a command which is given by the Courts for the performance of an act to the public authority which has a duty to perform it. A government is an organization or system made up of a community of people who care for or run a nation or a society. (1) The President as head of the national executive may declare a state of national defence, and must inform Parliament promptly and in appropriate detail of—. The popular sovereignty principle is one of the underlying ideas of the United States Constitution, and it argues that the source of governmental power (sovereignty) lies with the people (popular). The concept behind the DPSP is to create a 'Welfare State'. universal and uncontested definition of a constitution. A bill is a legislative proposal of a general nature. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution. It states whether simple majority or two-third majority of members of parliament can amend a constitution. 5. Note that Custom, and Legal scholarship are not in themselves sources of law, although The Articles established a weak central government and placed most powers in the hands of the states. 2. The Articles of Confederation or Articles was a written agreement which laid the guidelines for the functioning of the national government. 7. 203. 22 The Constitution also lays down . 2. Introduction. It encompasses the powers of the various branches of government and the rights of the people. Australia has three levels of government that work together to provide us with the services we need. 4. Each branch is assigned specific powers that only it can wield (see Table 2.1 "The Separation of Powers and Bicameralism as Originally Established . own governments. The International Accounting Standards Board (IASB) is an independent, private-sector body that develops and approves International Financial Reporting Standards (IFRSs). of government and organs of state as stipulated in the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996). (c) the number of people involved. The IASB was formed in 2001 to replace the International Accounting Standards Committee (IASC). Parliament is the legislative authority of South Africa and has the power to make laws for the country, in accordance with the Constitution. the Auditor-General the Independent Electoral Commission (IEC) an Independent Authority to Regulate Broadcasting. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. . 2.5 It reduces clash of functions of the arms of government. Question 1 A constitution is simultaneously a legal, political, and social instrument. Section 35: the rights of arrested, detained and accused people, including the right to silence, protection against self-incrimination, the right to counsel and legal aid, the right to a fair trial, the presumption of innocence and the prohibition of double jeopardy and ex post facto crimes. Under the Articles, the US economy faltered, since the central government lacked the power to enforce tax laws or regulate commerce. Body: Explain its importance for democracy, efficiency and effectiveness of administration as well as accountability in brief. Human rights can only attach to living human beings. Briefly explain the basic architecture of computer. The Constitution of India was made after a series of events that led to it's making: 1) Nationalism arose in people of India, which raised the demand of sovereignty and own Constitution. Within the constitution there are laws that state how people in the country . Separation of powers is the allocation of three domains of governmental action—law making, law execution, and law adjudication—into three distinct branches of government: the legislature, the executive, and the judiciary. It is a matter of grave concern that children with disabilities on the African continent face barriers in the education system for a multitude of reasons (ACPF 2011).In the South African context this has resulted in a massive exclusion of disabled children from education (Department of Education 2001).Despite the development of an inclusive education policy to address this . To provide leadership. What power does s 51 (xxix) grant to the Australian Parliament? (1) This Bill of Rights is a cornerstone of democracy in South Africa. Introduce by briefly explaining the principle of subsidiarity. Parliamentary sittings are open to the public. They range from the nation's concept of federalism and its socio-economic effects, to the inability to properly reflect the disparity in religion and ethnicity in the formulation of national policies. state and territory parliaments, in each state and territory capital city. These Fundamental Rights are considered as basic human rights of all citizens, irrespective of their gender, caste, religion or creed. The role of Parliament, as the representative of the people, is to . The Three Powers: Legislature, Executive, Judiciary. It also state whether opinions of the citizens must be sought through a referendum on certain amendments. Hence the beginning of the American constitution "We the people of the United States….". The political provisions show how state institutions Participation. The Statute of the ICJ, Art. Human rights can only attach to living human beings. (1) The President as head of the national executive may declare a state of national defence, and must inform Parliament promptly and in appropriate detail of—. Democracy is essentially the idea that political sovereignty resides at the level of the individual. Question 5 s Name an implied right and explain a principle that supports it. However, these rights have their own restrictions. Internationally binding treaties, as opposed to rules of customary international law, become effective after state authorities approve their legal power. The Constitution of India has provided the power to issue Writs to the Supreme Court under Article 32 and to High Courts under Article 226. The right to freedom of speech and expression; The right to form association; The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. 203. Nevertheless, any broadly accepted working definition of a constitution would likely include the following characteristics: A constitution is a set of fundamental legal-political rules that: (1) are binding on everyone in the state, including ordinary lawmaking institutions; A federal system of government is one that divides the powers of government between the national (federal) government and state and local governments. Examples would be the European Community Act of 1972, and the Human Rights Act of 1998. Public bills are the most numerous. It can be direct or indirect but Participation needs to be informed and organized. Generally explain the contents of a constitution. Checks and balances (rights of mutual control and influence) make sure that the three powers interact in an equitable and balanced way. The Advocates for Human Rights 330 Second Avenue South, Suite 800 Minneapolis, MN 55401 Phone: 612-341-3302 Immigrant Client Line: 612-341-9845 There are five types of Writs which are Habeas Corpus, Mandamus . The federal Constitution envisions unity where it is necessary as a people to speak with one voice-for example, where our national security or trade interests are jeopardized by a foreign power, but it allows countless voices to be heard on matters pertaining to the day-to-day general welfare. (2) If Parliament is not sitting when a state of national defence is declared, the President must summon Parliament . Steps involved in the execution of bills: • Any bill is first presented in the executive houses of the country as for the case of India; these houses are known as Lok Sabha and Rajya Sabha. The Constitution of the United States established the federal system, also known as federalism. This is the ultimate law-making power vested in the UK parliament to create or abolish any law. Legally, it enshrines human rights and creates a predictable legal landscape. • Once the bill gets the approval of 2/3 of the members of both the houses, it is passed to the parliament, and once it is passed, it is sent to the president. Congress has the 'power of the purse'.' 4. local councils - also called shires or municipalities - across Australia. It was drafted by the Continental Congress and sent to the thirteen original states for ratification in November 1777. In this sense, a political community derives its supreme power and authority from the consent of the people within that community. 1. But parliament can limit its law making power, as in the Human Rights Act; or devolve legislative power, as in the Scotland Act. The term is also used in a normative sense to refer to the kind of independence that courts and judges ought to possess. Interpretations vary on whether ICASA is a Chapter 9 institution or not. Participation as an important step for mobilizing people to participate in the decision-making process. Features and characteristics of a good constitution Also read: Advantages and disadvantages of an unwritten constitution Though chapter nine calls for a broadcast regulator it does not specifically mandate the Independent Communications Authority of South Africa (ICASA). Constitutional law is an area of law dealing with the interpretation and application of the powers, rights, and freedoms established by a formally adopted constitution or charter. 3 Disadvantages of a written constitution (Demerits) 3.1 Difficult to amend. Statute law: this is law made by Parliament, and is one of the most important sources of the UK constitution, as statute law overrides other laws, (EU laws excepted) due to the principle of parliamentary sovereignty. legislative relations, those involved in designing a constitution need to consider whether the president should have a veto power, and, if so, on what grounds and under what circumstances it may be used. It is the most basic right upon which all other rights are premised for the purpose of protection. Tutorial 2 1. Briefly explain the reasons as to why some countries may have no written constitution. That ambiguity in the meaning of the term judicial independence has compounded already existing controversies and . State of national defence. This report illustrates that effective constitutional and legislative guarantees of the right to adequate housing are not only realistic but have already been adopted successfully in a number of countries with diverse legal, social, economic and cultural systems. The Rights and Fundamental Rights are sections of the Constitution of India that provides people with their rights. Question 4 Section 51 (xxix) of the Constitution is an important 'head of power'. State of national defence. With the Constitution, Congress now had the power to tax and to regulate . Briefly state the Checks and Balances the legislature has on the Executive Branch 1. which!must!discipline!our!governmentand . It proclaims who is adopting this Constitution: "We the People of the United States.". (2) The state must respect, protect, promote and fulfil the rights in the Bill of Rights. These sections are the vital elements of the constitution, which was developed between . in the public service and take positive and effective measures against graft . The American's Declaration of Independence showed a difference between where power should lie to where the British power lies. The constitution prescribes a country's decision-making institutions: constitutions 'identify the supreme power', 'distribute power in a way that leads to effective decision making' and 'provide a framework for continuing political struggle' (Lutz 2006: 17). A constitution provides for the type of party system to be adopted in a state. The first written constitution of The United States, Articles of Confederation was written with the intention to bring the original thirteen states under one congress and vested with the powers of maintaining army and international affairs, the power to declare war and coin money. Explain in detail the various ways of classifying the constitution. It is established that no unreasonable restrictions can be imposed upon citizens to regulate their freedom. by the U.S. Constitution, state constitutions, and the many court decisions that have defined in greater detail what the text of the Constitution means in terms of the everyday practices of policing.2 "What we need to understand is that "constitutional policing" is both foundational and aspirational for the police. (c) the number of people involved. It allowed the eventual admission to the Union of no more than five states, and no fewer than three, "on an equal footing with the original states." The Ordinance also banned slavery from the region. 2.4 It avoids dictatorship by rulers. The Articles of Confederation comprised the United States' first constitution, lasting from 1776 until 1789. Constitutional law evolves over time as it is interpreted by the courts . Right against Exploitation The five reasons why the interpretation of legislation is not a rule-bound activity is as follows: Legislation comprises all the different types of enacted legislation such as Acts of Parliament, provincial legislation, municipal by-laws, proclamations and regulations. Under federalism, each level of government has sovereignty in some areas and shares powers in other . The Preamble of the U.S. Constitution—the document's famous first fifty-two words— introduces everything that is to follow in the Constitution's seven articles and twenty-seven amendments. The Senate ratifies treaties signed by the president (two-thirds majority). All countries need constitution in order to run smoothly. Expert Answers. All countries need constitution in order to run smoothly. The participation of citizens in the process of governance is the key characteristics of good governance. Depending on the findings of the office, it may also be in a position to recommend that a government decision be changed or revoked. The drafters of the American constitution like Jefferson and Madison, believed sovereignty belonged with the American people. Motor Industry Staff Association (MISA) Tertiary Education National Union of South Africa (TENUSA) South African Parastatal and Tertiary Institutions Union (SAPTU) Congregated and Allied Workers Union of South Africa (CAWUSA) The list shows only but a few of the unions. This course is designed to introduce students to the basic aspects of public sector accounting including its meaning, scope, objectives, basis, units, processes and structure, the regulatory and professional framework of government accounting, sources of government revenue, pensions and pension fund accounting, treasury and expenditure control system, financial reporting, cash flow statement . nature of a constitution and its role in laying a groundwork to shape and support the state, a constitution is usually expected to be long-standing and somewhat difficult to change or undo. (attached) asks students to explain briefly how the Japanese Constitution was written as a fusion of Japanese tradition and American ideas, and it then asks them to use evidence from this lesson to explain briefly their stance on the role of their own country in spreading democracy and in helping establish other countries. Backdrop. The result is that international law is made largely on a decentralised basis by the actions of the 192 States which make up the international community. There is actually some overlap between the concept of international "institutions" and "organizations" but for purposes of this question I will try to separate them. cont.on 26th August, 2011.The timeline traced above and the current trend of security of the Nigerian nation is caused by an aggregate of factors. It is the most basic right upon which all other rights are premised for the purpose of protection. (the most important of which is of course the Constitution), (2) common law (this includes the Roman-Dutch 'old authorities' and judicial precedent gleaned from case law), (3) African customary law, and (4) foreign and international law. The Chairperson is responsible for making sure that each meeting is planned effectively, conducted according to the constitution and that . Weaknesses ( a ) . The Constitution strengthened the national government by giving the national government specific powers. The overarching role of the chairperson is to provide leadership, they must be an effective strategist and a good networker. A bill may propose either a public or private matter, but both are numbered in the same sequence. Individuals may hold the sovereign right of political rule in a democratic country, but it is a public and shared . The citizen may not be satisfied with the om-budsman office's conclusions, but s/he will at least be aware that the government is required to Below are some of the major reasons why the Constitution is important in a country: Helps to maintain law and order: The Constitution of a country contains the set of laws that are used to govern a country. changing customer or client needs and expectations and international economic trends are some of the forces necessitating continuous change in public policy. All proposed legislation, and nearly all formal actions by either of the two Houses, take the form of a bill or resolution. These rights are freedom of speech, freedom of expression, freedom of assembly without arms, freedom of movement throughout the territory of our country, freedom of association, freedom to practice any profession, freedom to reside in any part of the country. 3. The creation of the House of Representatives and the Senate, as well as the concept of separation of powers and checks and balances, were the three most significant changes from the Articles of Confederation to the Constitution. It appears that in South Africa, the . The IASB operates under the oversight of the IFRS Foundation. It describes why it is being adopted—the purposes behind . As IF ANSWERING PART B, DO NOT ANSWER PART C . The three levels are: federal - Australian - Parliament, in Canberra. Congress can pass, reject, or amend the president's legislative proposals 3. In other words, the motive behind the inclusion of DPSP is not establishing political democracy rather, it's about establishing social . Discuss how the 73rd constitutional amendment act tries to achieve the principle. -5-PREAMBLE Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace; Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, colour, ethnic origin, sex, religion, creed or social or economic
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