The control of constitutionality and its limitations in France and United States
Thesis - 4 pages - Political science
The Constitution is the supreme law in the hierarchy of norms laid down by Hans Kelsen. This poses a problem in the domestic hierarchy of norms by raising a question about how to enforce the superiority of the Constitution, particularly with respect to the law. Thus, the difficulty...
Larry Sabato's 'A more perfect constitution'
Essay - 3 pages - Constitutional law
I agree with Sabato's proposal of a presidential line-item veto. This would allow the President to veto only select parts of a bill--eliminating unnecessary attachments and thereby reducing wasteful spending. Members of Congress are unashamedly out for themselves—they represent their...
The Importance of constitutional interpretation
Essay - 3 pages - Constitutional law
Constitutional interpretation, often called “judicial interpretation,” is defined as “a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation” . There are two main types of interpretation:...
The New Constitutionalism
Essay - 5 pages - European law
This essay is divided in two parts. In the first section, we will describe the influence of the European court of Justice on the evolution as observed by Weiler. In the latter half of the essay, we will try to view this theory from a critical bent of mind and relate this concept as an...
Is the American Constitution the best in the world?
Essay - 3 pages - Constitutional law
"We, the people of the United States,?do ordain and establish this Constitution of the United States of America?. By these words starts the American Constitution. This document was adopted on September 17, 1787, by the Constitutional Convention, led by Thomas Jefferson and George...
Advantages and disadvantages of having a written Constitution: the example of United Kingdom
Essay - 3 pages - Constitutional law
A constitution is a legal document that sets out the relationships between the three main institutions of the state, that is to say the executive, the legislative and the judicial power, and that which also guarantees a certain amount of rights for the citizens. In a wider sense, and...
"Does the United Kingdom Still Have a Constitution?" by Anthony King - publié le 29/09/2010
Book review - 5 pages - Political science
"Does the United Kingdom Still Have a Constitution?" is a book written by Anthony King. It is composed of four chapters based on the Hamly Lectures delivered at the Institute of Advanced Legal Studies in 2000. The book also contains a short chapter written by John Bridge about the Hamlyn...
The American constitution
Worksheets - 2 pages - Political science
First and foremost, the Constitution gives a clear definition of the three main powers described by Montesquieu in Spirit of Laws. Let's remember that the United States of America is a country where a presidential regime predominates. To put it differently, it's customary to say...
Analysis of cases under the US constitution in relation to the laws laid by United Nations
Thesis - 8 pages - International law
Wanta B. Heard, the victim, filed a notification request form after indictment of the defendant for the crime of rape. The State and defendant worked out a plea agreement to plead guilty to second-degree assault with a one-year sentence. Heard requested to speak with the court regarding the plea....
Democracy in the US Constitution: Representation and the Balance of Powers
Essay - 2 pages - Constitutional law
Although the US Constitution intended to ensure the principles of equal representation and freedom of political expression, the imperfect process by which the document was created resulted in various undemocratic principles that are contrary to the spirit of the given prompt. The...
The foreign policy implications that the treaty on the constitution of Europe signified for the EU in terms of giving it a legal personality
Thesis - 6 pages - European law
Whereas the consequences of the French and Dutch “no” to the referendums proposing the adoption of the Treaty establishing a Constitution for Europe do not stop to rattle the European political class, the innovations it proposed are still dangling. Nonetheless, some major points...
To what extent might the constitution of the United Kingdom be improved if provisions from the constitutions of other states were incorporated into it?
Thesis - 5 pages - Political science
All modern states have a constitution, albeit each is very different. The main purpose of a constitution is to restrain government, in the sense of ensuring that governments are not arbitrary. Government must be carried out according to established rules. These rules are the...
How far, if at all, does it matter that the United Kingdom does not have a written constitution?
Thesis - 2 pages - European law
Today, the majority of states have written constitutions—it is generally seen as a prerequisite for any new state. They arise due to political events, such as in 1793 consequent to the French Revolution. In a state with a written constitution, one document becomes the supreme...
Politics essay: Article 9 of the Constitution of Japan, known as the "Pacifist Constitution"
Text commentary - 4 pages - Political science
The 9th Article was added to the Constitution of Japan, known as the "Pacifist Constitution" (Heiwa-Kenp during) during the occupation following World War II. It has been written by the Americans, and is aimed at delegating or limiting Japan's military power in favor of...
Illinois state constitution vis-a-vis federal constitution
Thesis - 4 pages - Civil law
In state constitutions, more rights are expressly enumerated than in the federal Bill of Rights. In Illinois, its constitution contains all of the protections afforded in the federal Bill of Rights and much of the same language as well. It also contains further rights such as Crime...
To what extent can the Spanish model of citizenship be used for the European Union? Examine the rights and duties of the citizen under the Spanish Constitution as well as the conciliation of various regional aspirations and feelings. In what way is this - published: 09/01/2009
Essay - 5 pages - Constitutional law
According to many commentators and journalists, the European Union would be challenged by some crisis, each of them having different natures: for instance, European regions, whereas they could be a good complement for European governance, are increasingly perceived as a threat for the European...
Constitutional and administrative law: The concept of the Rule of Law as defined by Dicey
Thesis - 5 pages - European law
“The concept of the Rule of Law as defined by Dicey still remains valid: it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts.” Explain what is meant by the concept of the rule of law. To what extent is the statement above...
Should or should not Japan revise Article 9 of its Constitution?
Essay - 3 pages - International relations
Article 9 of the Japanese Constitution was added during the occupation after World War II, after the defeat of the Axis alliance (Germany, Italy and Japan) by the Allies (mainly composed by British Empire, Union of Soviet Socialist Republics and United States of America) in 1946. The...
"Does the United Kingdom Still Have a Constitution?" by Anthony King
Book review - 5 pages - Political science
"Does the United Kingdom Still Have a Constitution?" is a book written by Anthony King. It is composed of four chapters based on the Hamly Lectures delivered at the Institute of Advanced Legal Studies in 2000. The book also contains a short chapter written by John Bridge about the Hamlyn...
A Constitution for Europe?
Essay - 9 pages - Political science
In May 2005, every French home received a book titled Treaty for the European Union. Based on the notions of liberty and democracy, the European Union was already divided on its decision to adopt the European Constitution or not. Defending the ideas of freedom since their adhesion to the...
Does the Constitutional Treaty provide an answer to the difficulties of EU governance ?
Essay - 12 pages - European union
Before studying the outcome of the EU government, we must analyze the concrete difficulties faced by it. A few of the main aspects of the difficulties in EU governance may be realized from the Commission's White Paper (2001) and the 2004 report. According to the Commission, the main problems...
Euthanasia and the Constitutional Concerns it raises
Essay - 4 pages - Social, moral & civic education
The right to life continues to be a significant issue for public debate. Although this issue is one that has been most recently framed in the context of embryonic stem cell research, it is evident that this issue is also encapsulated in the debate over euthanasia or assisted suicide. While many...
"The European Union's agenda for constitutional reform, as first set out in the Laeken Declaration, has been and remains an urgent priority." Discuss the above statement
Essay - 3 pages - European union
The European Union is constantly evolving. We are currently in the middle of the ratification process by Member States of the Lisbon Treaty ? or Reform Treaty ? which seems to mark the end of a constitutional agenda that was started by the Laeken Declaration in the aftermath of the Nice Treaty. I...
Understanding the Rejection of the European Constitution in France through the Interaction of Politics and Public Opinion
Essay - 17 pages - Political science
After years of intense negotiations between member States, the European Convention led by former French President Valéry Giscard d?Estaing submitted the final draft of the Treaty Establishing a Constitution for Europe (hereafter referred to as "TECE") on July 15th, 2003. The aim of the...
Republicanism and constitution-making in the young American Nation
Essay - 8 pages - Philosophy
When the first colonists settled on the Atlantic coast of America and built the towns of Plymouth and Jamestown at the beginning of 17th century, they were looking for a better life than their homelands could provide them with. However, a century later, the descendants of the first settlers can...
To what extent can the Spanish model of citizenship be used for the European Union? Examine the rights and duties of the citizen under the Spanish Constitution as well as the conciliation of various regional aspirations and feelings. In what way is this
Essay - 6 pages - European union
According to many commentators and journalists, the European Union would be challenged by some crisis, each of them having different natures: for instance, European regions, whereas they could be a good complement for European governance, are increasingly perceived as a threat for the European...
Define and analyse the principal amendments proposed by the new constitution for the EU
Essay - 5 pages - European union
The new Constitution has raised several debates across EU Member States. On the one hand, concerning institutional aspects of the Constitution, smallest countries feared that amendments support big countries such as France, Germany or United Kingdom. On the other hand, other...
India: Kesavananda Bharati vs State of Kerala
Essay - 5 pages - Constitutional law
Perhaps the most recognized constitutional decision within the Supreme Court of India reflects on the case of Kesavananda Bharati against the State of Kerala. While the Supreme Court ruled that there was no implied limitation on Parliament's powers on amendments to the Constitution,...
Comparative Rights and Legal Systems
Case study - 6 pages - Constitutional law
Numerous arguments concerning the right to bear arms have always been a topic of significant concern, especially in countries such as the United States and Mexico, where it bears clear cultural and legal value. According to Charles (2022), though the two countries have the citizenship right to...
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) - What exceptional circumstances allow states to establish segregation?
Law case study - 4 pages - Constitutional law
Let's be clear, the decision of the Supreme Court that we are going to study today is a real jurisprudence change, which means that the decision overturns several other Supreme Court decisions, resulting in a total change in the analysis of the constitution over time. It's very...
