Development and Expansion of Constitutions

Development and Expansion of Constitutions

Development and expansion of constitutions. A Constitutions is the fundamental law according to which the government of a state is organized, and agree- ably to which the relations of individuals or moral persons to the community are determined. It may be a written instrument, a precise text or series of texts, enacted at a given … Read more

Essentials of a Written Constitution

Essentials of a written constitution

Essentials of a written constitution : A written constitution is a supreme and fundamental law. It is supreme in the sense that it is harder to change than ordinary law and prevails over ordinary law in case of incompatibility. It occupies a place at the apex of the hierarchy of legal norms, as the lex … Read more

Characteristics of American Constitutions

Characteristics of American Constitutions

Characteristics of American Constitutions.-The American constitutions, especially the Federal constitution, and to a large degree those of Latin America which are modeled upon that of the United States, possess certain features which distinguish them generally from the constitutions of Europe and Asia. In the first place they are in large measure instruments of grants and … Read more

The British and French Constitutions Contrasted

The British and French Constitutions Contrasted

The British and French Constitutions Contrasted : Changing conditions are leading to stronger Executive control. Formal restraints on the Executive are negligible. The only counter-balance is public opinion. The degree of freedom of the Judiciary, of local government, and of the citizen, in relation to central Government. Comparative study of the British and French systems … Read more

Nature, necessity, and origin of constitutions

Nature, necessity, and origin of constitutions

Nature, necessity, and origin of constitutions. The term “constitution” When applled to the state may connote both a physical and a legal Concepcion the former sense it has reference to the totality of constituent elements which enter into the physical make-up of the state, land, people, institutions, government machinery, etc. In this sense the term … Read more

Types of republican executives

Types of republican executives

Types of republican executives. The Presidency of the United States.-If we leave aside the Swiss executives, which is sui géneris because of its collegial organization and its peculiar relation to the legislature, the existing executives of republican states fall into three fairly well differentiated classes, American, French, and German. The American type includes the presidency … Read more

Relation of the executive to the legislative power

Relation of the executive to the legislative power

Relation of the executive to the legislative power. Power of the Executive in Respect to Legislation:-The relation of the supreme executive to the legislative organ, said Sidgwick, : “is one of the knottiest points in constitutional construction.” and it is the nature of this relationship which serves to distinguish the two most important forms of … Read more

Nature of the executive power

Nature of the executive power

Nature of the Executive Power : What is the best constitution for the executive department and what are the powers with which it should be intrusted, said Judge Story, are problems among the most important and probably the most difficult of solution of any involved in the theory of free governments. The first of these … Read more

The term of the chief executive

The term of the chief executive

The term of the chief executive. Views of Hamilton and Story :- “The ingredients Which constitute energy in the executive, said Alexander Hamilton, are first, unity, secondly, duration, thirdly, an adequate provision  for its support, fourthly, competent powers.” while those which constitute safety in the republican sense are, first, a due dependence on the people, … Read more