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The document outlines the key parts of a constitution including the Constitution of Government which establishes the framework and assigns powers to the branches of government, including the executive, judicial, and legislative branches. It also describes the Constitution of Liberty which specifies basic rights and freedoms, and the Constitution of Sovereignty which stipulates how the people can exercise their sovereign power to approve or modify the fundamental law of the land.
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- Key aspects include respect for the rule of law, respect for human rights, checks on governmental discretionary powers, and responsible government through mechanisms like judicial review.
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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.
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- The UK constitution is largely uncodified, with power concentrated in Parliament, but devolution has decentralized some authority.
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1) A constitution establishes the legal framework of a government by outlining how it is organized and limiting the powers of its leaders. It addresses questions like the purpose of government and citizens' rights.
2) A constitutional government is one with limited powers, enforced by higher law like a written constitution. This contrasts with autocratic governments that have unlimited power.
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4) A two-thirds majority in both houses plus consent from the Yang di-Pertua Negeri of Sabah or Sarawak for amendments affecting their rights. Emergency powers provide a fifth method. The philosophy is to avoid processes that are too difficult or too easy to amend the constitution.
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Framework of Government of Pakistan.
The government of Pakistan has three branches: the legislative, executive, and judicial branches. The legislative branch is made up of a Senate and National Assembly. The Senate equally represents each province while the National Assembly checks the government and ensures it respects citizens' rights. The judicial branch is headed by the Supreme Court and includes high courts and lower courts. The executive branch is led by a ceremonial President and real power lies with the Prime Minister who is elected by the National Assembly and appoints ministers. These three branches work within the framework defined by the constitution and acts of Parliament.
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The document discusses separation of powers in Malaysia. It explains that while Malaysia does not have absolute separation of powers between the executive, legislative, and judicial branches, it does apply a system of checks and balances. There is some overlap in membership and functions between the executive and legislative branches, with the monarch holding positions in both. However, checks like requiring the monarch to act on cabinet advice help prevent abuse of power. The legislative and judicial branches generally do not overlap, but both can influence the other's functions. Overall, Malaysia takes a liberal approach to separation of powers while still maintaining checks and balances between the branches.
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Federalism refers to a system of government where power is shared between a central authority and constituent units. In India, power is shared between the central government and state governments according to the constitution. Key features include two levels of independent yet interdependent governments, division of powers outlined in three lists, and an adjudicating supreme court. Decentralization further devolves power to local rural and urban governments.
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Violation of the doctrine of separation of powers and accountability of the j...
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.
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The document outlines the three branches of the US government - the executive, legislative, and judicial branches. The executive branch is headed by the President and enforces laws. The legislative branch consists of the House of Representatives and Senate, and they create and pass laws. The judicial branch is headed by the Supreme Court and interprets laws. It also provides information on the House and Senate chambers and why a stable government is needed to provide order and allow the country to function effectively.
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The document provides an overview of constitutional development in Pakistan, beginning with definitions of key concepts like constitution and discussing Pakistan's various constitutions over time. The major constitutions discussed include the 1956 constitution, which established Pakistan as a federal parliamentary republic, the 1962 constitution under Ayub Khan's military dictatorship, and the 1973 constitution, which re-established parliamentary democracy and provincial autonomy.
Summary of constitution in uk end of topic
The document discusses several key aspects of the UK constitution:
- It defines a constitution as establishing power distribution, relationships between institutions, limits on government power, and citizen rights.
- The UK constitution is largely uncodified, with power concentrated in Parliament, but devolution has decentralized some authority.
- New Labour oversaw several reforms between 1997-2010, including removing most hereditary peers, establishing devolved assemblies, codifying freedom of information and human rights, and increasing judicial independence.
New c&s relation l lb c
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
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This document discusses the key sources of Australian law, including the Australian Constitution and state constitutions. It outlines how legislative power is divided between the Federal Parliament and state governments. The Constitution established in 1901 divides powers into exclusive Commonwealth powers, residual state powers, and some concurrent areas. The High Court plays an important role in interpreting the Constitution and resolving disputes over which level of government has authority in different policy areas.
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The document discusses the political system and structure of administration in Malaysia. It explains that Malaysia has a democratic government composed of three ruling bodies: the Legislature, Executive, and Judiciary. The Legislature is made up of the King and two houses of parliament. The Executive consists of the Cabinet. The Judiciary branch includes various courts like the Federal Court. Each branch has separate functions and powers according to the principle of separation of powers.
Wt p 1.4
1) A constitution establishes the legal framework of a government by outlining how it is organized and limiting the powers of its leaders. It addresses questions like the purpose of government and citizens' rights.
2) A constitutional government is one with limited powers, enforced by higher law like a written constitution. This contrasts with autocratic governments that have unlimited power.
3) A higher law like a constitution establishes basic rights, limits government power, and creates a private domain for citizens that the government cannot interfere in without consent.
Separation Of Powers
The delegates at the Constitutional Convention divided power between the national and state governments, and also separated the national government into three branches: the legislative, executive, and judicial branches. This created a system of separation of powers. To prevent any one branch from becoming too powerful, the founders established a system of checks and balances, allowing each branch to limit the powers of the others. For example, Congress checks the president through the power to override a veto or impeach, while the president checks Congress through the veto power and ability to call special sessions. This system aimed to prevent tyranny and protect individual liberties.
9 constitutional supremacy amendments 6 (4)
There are four main methods for amending Malaysia's constitution outlined in the document:
1) A simple majority in both houses of Parliament for minor amendments.
2) A two-thirds majority in both houses for other amendments.
3) A two-thirds majority in both houses plus consent from the Conference of Rulers for certain important amendments.
4) A two-thirds majority in both houses plus consent from the Yang di-Pertua Negeri of Sabah or Sarawak for amendments affecting their rights. Emergency powers provide a fifth method. The philosophy is to avoid processes that are too difficult or too easy to amend the constitution.
Theory on principle of separation of powers
The document discusses the theory of separation of powers and checks and balances. It outlines Montesquieu's formulation of separation of powers, with the legislative, executive, and judicial branches being separate and checking each other. While India's system does not strictly separate powers, it aims to separate functions as much as possible under a parliamentary system that requires cooperation between branches. Separation of powers is a guiding principle that is implemented to varying degrees based on different governmental systems.
Functions
The document compares the functions of parliament in India and the UK. In India, parliament has legislative, executive, and judiciary functions - it makes laws, levies taxes, approves budgets, oversees administration and foreign policy, commands armed forces, and acts as a balancing authority between rights and justice. In the UK, parliament consists of the House of Lords and House of Commons - the Lords makes laws, holds government accountable, and investigates issues, while the Commons is publicly elected and forms the governing party, and alone decides on financial bills.
THE CONCEPT OF CONSTITUTIONAL SOVEREIGNTY
The document discusses the concept of constitutional sovereignty/supremacy, which implies that the constitution is the highest law of the land. It provides examples from the Nigerian Constitution of 1999 that establish the supremacy of the constitution over all other laws and authorities. The document also discusses several court cases that reinforced the principles that any laws or acts inconsistent with the constitution are null and void, and that the constitution regulates the powers of the legislature and other authorities.
Organs of the government
This is a presentation Slide of Organs of the Government. It made by Power point. I think it is best slide for single presentation.
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Violation of the doctrine of separation of powers and accountability of the j...
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This document provides an overview of electronic commerce and electronic payment systems. It discusses the history of e-commerce from the 1970s development of electronic fund transfer to the rise of the world wide web in the 1990s. It defines electronic payment as a subset of e-commerce used to purchase goods or services online. Specific electronic payment methods discussed include electronic funds transfer, electronic cash, electronic checks, debit cards, and smart cards. The pros and cons of these methods are summarized. The document also provides an overview of electronic payment systems used in India, including the increasing use of payment cards and promotion of digital payments through various channels.
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The document outlines the key components and principles of the US Constitution. It explains that the Constitution contains a Preamble that defines the purposes of government, Articles that establish the three branches of government and their powers, and Amendments that have formally changed or added to the Constitution. It also discusses the difference between enumerated and implied powers, the process for amending the Constitution, and the core principles of popular sovereignty, rule of law, separation of powers, federalism, independent judiciary, and individual rights that are fundamental to the US system of government.
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This document discusses the key concepts and classifications of constitutions. It defines a constitution as a written document that establishes the fundamental powers and principles of government. The document then summarizes the key sections and purposes of the Philippine constitution, including defining the structure of government, rights of citizens, and processes for amendment. It also briefly outlines the history of Philippine constitutions, including the Malolos Constitution, 1935 Constitution, 1973 Constitution, and the current 1987 Constitution.
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This document discusses the key concepts and classifications of constitutions. It defines a constitution as a written document that establishes the fundamental powers and principles of government. The document then summarizes the key sections and purposes of the Philippine constitution, including defining the structure of government, rights of citizens, and processes for amendment. It also briefly outlines the history of Philippine constitutions, including the Malolos Constitution, 1935 Constitution, 1973 Constitution, and the current 1987 Constitution.
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The document provides an introduction to the Indian constitution. It discusses several key topics:
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Unit 1 constitution
The document discusses several influences on the development of the American government, including the Magna Carta, philosopher John Locke's social contract theory, and the U.S. Constitution. It outlines some basic principles of the Constitution such as popular sovereignty, separation of powers, checks and balances, limited government, and federalism. It also provides a brief overview of the structure of the Constitution, including its preamble, 7 articles, Bill of Rights, and amendment process.
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The document defines a constitution as the fundamental laws that regulate the rights of government and citizens. It explains that constitutions can be written or unwritten, and classified as historical/revolutionary or a priori. Constitutions establish the framework of government, assign powers, and protect citizen rights. They can be enacted, conventional, rigid or flexible depending on the amendment process. Key parts include the preamble, articles, and amendments. Qualities of a good constitution include being brief, broad, clear, and enduring changing times. The Philippines' 1987 Constitution reestablished democracy, separated church and state, and enshrined sovereignty of the people.
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In the United States, we have a system called democracy, which means that the power to make decisions comes from the people. We elect representatives, like the President, members of Congress, and local officials, to make decisions on our behalf.
One important part of the political system is the separation of powers. This means that the government is divided into three branches: the executive branch, the legislative branch, and the judicial branch. Each branch has its own responsibilities and powers to keep things fair and balanced.
The executive branch is led by the President, who is like the captain of a team. The President is responsible for enforcing laws and making sure the country runs smoothly. They also represent the United States to other countries.
The legislative branch is made up of Congress, which is like a big group of people who make laws. Congress is divided into two parts: the Senate and the House of Representatives. They work together to create and pass laws that affect the whole country.
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Another important concept in the political system is checks and balances. This means that each branch of government has some control over the other branches to prevent any one branch from becoming too powerful. It's like a game where everyone has to play by the rules and no one can cheat.
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- 2. Constitution of Government
- 3. Constitution of Government This component of the constitution provides the framework of the establishment of government by defining the powers of government and assigning the branches of government.
- 5. Branches of Government Under the Constitution of Government, there are three branches of Government. • Executive • Judicial • Legislative
- 6. Constitution of Liberty
- 7. Constitution of Liberty This part of constitution specifies the basic rights and freedom of the people.
- 8. Constitution of Sovereignty
- 9. Constitution of Sovereignty This portion of the constitution stipulates the manner by which the people can exercise their sovereign power to approve, alter and modify the fundamental law of the land.