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Essay: Constitutional Theory | Term Paper Queen

Sample Essay

In general sense ‘constitution’ means the whole scheme through which a country is governed, in its narrower sense ‘constitution’ means the leading legal rules, usually collected into a document which is called ‘The Constitution,’ permanently this cannot be compressed in one document, as customs and conventions grow around this formal document, constitutional government is regarded ‘limited government’ as it requires public authority be exercised according to law, rights and duties of the citizens and the central government. In English law there is no real distinction between public and private law, but the main essentials of constitutional law are clear, they include all the rules relating to the crown and its powers the functions, power and composition of the parliament and executive which includes all organs of the central government.

Written constitutions are also described as ‘rigid’ meaning that they can be altered only in special ways, in the United States to propose amendments requires two-thirds majorities of both houses of congress or a convention called on application of two-thirds of the states legislatures, and any amendment made is not effective until ratified by three-fourths of the states of the union. In Belgium and in South Africa there must be a prescribed majority; in Switzerland and Australia a referendum is necessary. The British constitution is ‘unwritten’ it is not contained in a formal document, the nature of British Constitution contrasts largely with every other country. (Encyclopedia Britannica 1968 vol. 5 pg 397).

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