Commercial Law BB107 Dossier Assignment 1 Australian Constitution The Australian constitution is sets the rules by which Australia is run. It came into influence on the 1st of January, forming the Commonwealth of Australia. The Australian Constitution is set of rules by which Australia is run. The Australian Constitution consists of a mixture both the American concept of Federalism and the British concept of responsible government. In similarity to the British system, the executive and legislative
Since the beginning, the creators of the constitution knew that the purposes of the government were to promote justice, to maintain peace at home, to defend the nation from foreign enemies, to provide well being for citizens, and most importantly, to protect the blessings of liberty for Americans. (27). The main principles that were to be incorporated into the constitution flourished from the writings of John Locke, Thomas Hobbes, and Baron de la Brede et de Montesquieu and their ideas of establishing
The Articles of Confederation was the first original constitution of the United States. It was a weak form of a central government. Although there were benefits with the Articles, there were even more problems. Shay’s Rebellion displayed the weaknesses of the Articles by proving to the people that the Articles gave too much power to the states; thus beginning the downfall of the Articles of Confederation and the introduction of the Constitution. The main goal for the Founding Fathers of the new government
political system, the power holders must be balanced off against each other. Doctrine of Separation of Powers, divides the political authority of the state into three distinct branches, namely: 1.) The Executive, 2.) The Legislature, and 3.) The Judiciary. The following three organs of the government represent the people and their will in the country and are responsible for the smooth running of the government. This principle deals with the mutual relations among these three organs and tries to bring
Separation of powers, a crucial element of Constitutional government, is the distribution of power among three coequal branches of government: the legislative, executive, and judicial. Through the incorporation of checks and balances, this system ensures that no one branch obtains more power than another. James Madison explains the fundamental need for separation of powers in The Federalists No. 47: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands…may justly
The Constitution was written specifically to deter power from a tyrannical government and monarch control, something our forefathers experienced and prepared for. With the education of Aristotle and Baron de Montesquieu who stated centuries before our Constitution, ‘every government should have separate and distinct functions.’ “The deliberative, the magisterial, and the judicative.” In modern terminology these activities correlate, respectively, to the legislative (law-making), executive (law-enforcing)
The Separation of Powers is just as important today as when the Founders wrote it because we have evolved drastically since the Founders constructed the constitution. The main point of the Constitution is to prevent the reoccurrence of past mistakes. Ignoring this separation between powers would be retracing our steps back into tyranny and complete chaos. If we get rid of Separation of Powers today, it would be like throwing away everything we’ve ever fought for. The Separation of Powers is as important
a federal republic holding the Constitution in great regard. The constitution provides the framework for how the federal and state governments are structured and the limit placed on their powers. Separation of Powers in Texas State Texas state government is made up of three separate branches: legislative, judicial and executive. This constitutional separation of powers ensures that each branch of government fulfills its responsibilities without exceeding its power. The governor, lieutenant governor
debates that occurred in order to shape the U.S. One debate was between the Federalists and the Anti-Federalists. The debate was concerning the ratification of the Constitution. The Federalists were a group of people that supports the ratification of the new Constitution. The Anti-Federalists were a group of people that opposed the new Constitution. Alexander Hamilton was the leader of the Federalist Party. The Federalists felt like there was no need of the Bill of Rights because it would limit people
“Power corrupts and absolute power corrupts absolutely.” -John Emerich Edward Dalberg-Acton BACKGROUND In the 18th century French social and political philosopher Charles-Louis Montesquieu coined the term “trias politica” or “separation of power”. Montesquieu’s publication, Spirit of Laws, is deemed as a source of significant political theory and jurisprudence. He divided the political authority of the state into three different branches i.e. the Legislature, the Executive and the