The document discusses how the US Constitution adapts to changing times through amendments, the Necessary and Proper Clause, and judicial review. It outlines the amendment process and notes that the Necessary and Proper Clause allows Congress to create laws that help execute its delegated powers and adapt to new circumstances. Additionally, it mentions that unwritten customs and traditions not explicitly outlined in the Constitution help the government function efficiently.
I use a flip chart for the 7 Principles that the kids make and can take notes on. There are diagrams on some of the slides too. Definitions are included on every slide along with examples of each principle.
Violation of the doctrine of separation of powers and accountability of the j...Kajal Priya
The constitution regulates the structures and functions of the principle organs of the Government. It also regulates relationship between the institutions of the government by setting out balance of power among them. Separation of power is a means to balance the power among these three branches of government. The three branches are Legislative, Executive and Judiciary.
Government give separate powers to all the three branches but at some point the separation of power by government is violated because it is the need of situation. For example; during the time of some internal aggression or attack by any other country state or national emergency has to be applied among the state or country. This also includes the violation of power because during emergency president rule applied on the state or country, state government cannot rule during the emergency. But, in this situation the violation has not been done intentionally therefore this is not called the violation of Doctrine of separation of power. This can be measured by the Check and Balance theory.
The modern design of the doctrine of separation of powers is to be found in the constitutional theory of John Locke (1632-1704).He wrote in his second treaties of Civil Government as follows: “It may be too great a temptation for the humane frailty, apt to grasp at powers, for the same persons who have power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from the law, both in its making and execution to their own private advantage” .
Any act done by Executive, Legislative or Judiciary cannot violate the Doctrine of separation of power because on each of these branches there are other two branches to check their acts and decisions given by them. Every branch has to give explanation about their each and every act and decision. Any wrong, unconstitutional or null and void decision taken by them can cause the impeachment order or arbitrary action against them.
This paper talks about the Doctrine of Separation of powers, Definition of Separation of Power, from where this doctrine has been adopted, violation of doctrine of separation of power, steps taken by government to control the violation of Doctrine of SOP . It also discuss the articles under which all the three branches of the government have their separate power. Role of all the three branches of government, relationship between Doctrine of SOP and Judicial Accountability. This paper will also discuss the relationship among all three branches of the Government and accountability of judiciary.
Key words: - Doctrine of SOP, Relationship between Branches of Government (Executive, legislative and Judiciary), Article 53, 245, 246 and other related, Check and balance theory, Accountability of Judiciary.
I use a flip chart for the 7 Principles that the kids make and can take notes on. There are diagrams on some of the slides too. Definitions are included on every slide along with examples of each principle.
Violation of the doctrine of separation of powers and accountability of the j...Kajal Priya
The constitution regulates the structures and functions of the principle organs of the Government. It also regulates relationship between the institutions of the government by setting out balance of power among them. Separation of power is a means to balance the power among these three branches of government. The three branches are Legislative, Executive and Judiciary.
Government give separate powers to all the three branches but at some point the separation of power by government is violated because it is the need of situation. For example; during the time of some internal aggression or attack by any other country state or national emergency has to be applied among the state or country. This also includes the violation of power because during emergency president rule applied on the state or country, state government cannot rule during the emergency. But, in this situation the violation has not been done intentionally therefore this is not called the violation of Doctrine of separation of power. This can be measured by the Check and Balance theory.
The modern design of the doctrine of separation of powers is to be found in the constitutional theory of John Locke (1632-1704).He wrote in his second treaties of Civil Government as follows: “It may be too great a temptation for the humane frailty, apt to grasp at powers, for the same persons who have power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from the law, both in its making and execution to their own private advantage” .
Any act done by Executive, Legislative or Judiciary cannot violate the Doctrine of separation of power because on each of these branches there are other two branches to check their acts and decisions given by them. Every branch has to give explanation about their each and every act and decision. Any wrong, unconstitutional or null and void decision taken by them can cause the impeachment order or arbitrary action against them.
This paper talks about the Doctrine of Separation of powers, Definition of Separation of Power, from where this doctrine has been adopted, violation of doctrine of separation of power, steps taken by government to control the violation of Doctrine of SOP . It also discuss the articles under which all the three branches of the government have their separate power. Role of all the three branches of government, relationship between Doctrine of SOP and Judicial Accountability. This paper will also discuss the relationship among all three branches of the Government and accountability of judiciary.
Key words: - Doctrine of SOP, Relationship between Branches of Government (Executive, legislative and Judiciary), Article 53, 245, 246 and other related, Check and balance theory, Accountability of Judiciary.
2. Amendment Process 2/3 Congress to Propose 2/3 Of State Conventions 3/4 State Legislatures 3/4 Of State Conventions Can start and finish in any 1 of 4 possible ways
3. Necessary and Proper Clause Used regularly by Congress to create laws that help execute the delegated powers. Allows adaptation of Congressional powers to fit the times and is easier than amending the Constitution. Think of it as the Founding Fathers “in case we forgot anything” clause. How one views the constitution, strict or loose, can affect how this clause is used.
4. Unwritten Constitution Customs and traditions within our government that are not written down. The unwritten constitution helps our government function more efficiently. Examples: Political Parties Lobby Groups Congressional Committees Judicial Review
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