Conventions of the British constitution
Introduction.
“The British constitution is the child of wisdom and chance.” There exist a large number of conventions or usages and customs in the British constitution. These conventions are not recognized or enforced by the courts. These conventions are actually the unwritten part of the British constitution. They form a very important part of the constitution. Most of the work of the British government system depends upon the conventions rather than laws, statutes and judicial decisions.
Lord Bryce says:
“British constitution works by understanding which no writer can formulate. “
Definition
Conventions are:
“Those customs and understandings by which the rulers or the members of the British government exercise the discretionary powers of the executive.”
Ogg defines them as:
“ They are the customs, habits , usages or practices by their sole authority regulate a large portion of the actual day-to-day relations and activities of the most important of the public authorities.”
Features of the conventions:
a. They are unwritten
b. They are not a part of the British legal system
c. They are the political traditions which to some extent determine the working of the British political system.
d. They are not laws but are respected as if they are laws.
e. They are not recognized by the courts in Britain.
Sanctions behind the conventions.
Therefore, the conventions are not enforced by the courts, then the questions arises why do the people obey them? These are the sanctions behind the conventions:
• Force of law
• Respect for conventions
• Public opinion
A. Force of law
According to Dicey, the conventions are observed because they are based on and sanctioned by law. The power behind them is the power of law. If , says Dicey, the conventions are not observed, it will almost immediately bring the offenders into conflict with the courts and the law of land. Dicey gives the following example:
As the parliament has to meet at least in a year, suppose if the Prime Minister does not summon the parliament for two years, then no budget will be passed and no taxes will be collected. Therefore, although it is a convention but now it has the force of law behind it. Hence disregarding it will force the public official to commit illegal acts.
B. Respect for conventions:
Lowell says that conventions are observed because they are a “ code of Honor” .They are the rules of game and the single class which has hitherto had the conduct of the English Public life almost entirely in its own hands, is the one which is peculiarly sensitive t such conventions. Thus, the respect for the conventions by the ruling class of Britain is the force behind them.
C. Public opinion:
Ogg says that the force behind the conventions is the force of the public opinion. The public wants their observance and it will not tolerate their violation e.g. public expects a cabinet defeated in the parliament to leave office when it has lost the confidence in the parliament. Dr. Jennings says that the force behind the conventions is the same as behind the law.
Important conventions:
The some of the important conventions in the British constitution are as follows:
1. Regarding the Queen:
• The queen invites the leader of the majority party in the House of Commons to form the cabinet.
• All the bills passed by the parliament are sent to the Queen for Royal assent.
• The Queen dissolves the House of Commons on the advice of the Prime Minister.
• The Queen conducts all the political affairs normally on the advice of her Ministers
2. Regarding the cabinet:
• When the Prime Minister and his cabinet have lost the confidence of the parliament, they are left with only two options:
The Prime Minister and his cabinet resign.
The Prime Minister seeks the dissolution of the House of Commons through the Queen.
• The Prime Minister is always from the House of Commons.
• When the parliament shows its lack of confidence in any minister, the whole cabinet resigns. The cabinet is collectively responsible to the parliament.
3. Regarding the Parliament:
• The British parliament meets at least once in a year.
• All the money bills originate in the House of Commons.
• A speech from the Govt. benches is followed by a speech from opposition benches.
• Only the law lords take part in the judicial proceedings of the House of Lords.
• The speaker of the House of Commons is above party politics.
Conclusion:
The conventions help the constitution to work smoothly. These enable the ministers to exercise the powers of the sovereign.
As dicey says:
“They are the rules for determining the mode in which the discretionary powers of the crown must be exercised.”
These give the constitution the quality of flexibility for adopting itself to new needs and new ideas. G
Dr. Jennings puts it as:
“The conventions provide the flesh which clothes the dry bones of law.”
Tuesday 28 February 2012
Sources of the British constitution
Sources of the British constitution
Introduction.
“The British constitution is the child of wisdom and chance.”
There can be no state without a constitution. The constitution consists of fundamental rules which determine and distribute functions and powers among the various organs of the government as well as determine the relations of governing authorities with the people. Most of the modern constitutions are written, the British constitution is the only constitution which is unwritten.
Lord Bryce wrote:
“British constitution works by understanding which no writer can formulate. “
French writer De Tocqueville once remarked:
“England has no constitution,” Because he did not found it in a written form. But the British constitution is the chief model for all the countries. It has shown a unique ability to adopt without violence.
Sources:
The sources of the British constitution can be divided into two parts:
The laws of the constitution
The conventions of the constitution
A) The laws of the constitution:
The laws of the constitution are based on the written documents. These include Historic documents, acts of the parliament, judicial decisions and common laws.
1. The Historic constitutional documents
The historic constitutional documents form a very important source of the British constitution. The importance of these documents can be judged from the fact that the transition process from absolute monarchy to constitutional government in Britain was triggered by these elements e.g.:
Magna carta (1215)
The petition of rights (1628)
The bill of rights (1689) etc.
2. The acts of the parliament:
The laws made by the parliament from time to time have also contributed and furthered the transition to constitutional government in Britain e.g.
The act of Habeas corpus (1679)
The act of settlement ( 1701)
Reform acts of ( 1832,1867,1884,1918,1928)
Acts of parliament ( 1911, 1949)
Indian independence act of 1947 etc.
3. Judicial decisions:
These are also important sources of the British constitution. Judicial decisions explain and interpret the rules and statutes passed by the parliament. Here it is to be noted that these rules cannot be challenged by any court in Britain.
4. Common law:
Common laws are also a very important source of British constitution. Especially these relating to the liberty of the subjects i.e. many basic rights of the people e.g. jury trial, freedom of speech and assembly are based on common law as practiced by various courts in the country.
B) The conventions of the constitution:
The conventions are not recognized or enforced by any court. These are highly respected by the British electorate and leadership. The conventions of the British constitution are actually of unwritten character. They form an important part of the constitution. They are important because they have enabled the British political system to adopt itself to the changing needs of the time. Some of these conventions are:
1. The British monarch cannot veto the bills passed by the parliament.
2. The sovereign invites the leader of the majority party in the House of
Commons to form the cabinet.
3. The Prime Minister and Finance Minister both are taken from the House of commons
4. The money bills originate in the House of Commons.
5. The cabinet remains in power as long as it enjoys the confidence of the majority party in the House of Commons, otherwise it has to resign.
6. All the civil servants are tried in the same court like any other citizen ( Rule of Law)
Conclusion:
Professor Munro writes:
“The British constitution is not to be found in a definite and precise document. It is a complex amalgam of institutions. It is a complex compendium of charters, statutes, decisions, precedents, usages and traditions. Some of them are living only in the understanding of the people.”
Thus the study of the sources of the British constitution reveals the fact that if on one hand it consists of laws which are written, it also has an unwritten part in the shape of conventions. Two factors that have definitely contributed to the ability of the British constitution to adopt itself to the changing needs of the time are
Its evolutionary nature
The conventions of the constitution
Features of the British constitution
Features of the British constitution
Introduction.
There can be no state without a constitution. A constitution consists of those fundamental rules which determine and distribute functions and powers among the various organs of the government as well as determine the relations of the governing authorities with the people.
The Britain has led the modern world in the development of civil rights and modern constitutions. Since the 17th century, British have been the chief model of representative government. The British government was a model for people everywhere seeking political modernization. It has unique ability to adopt without violence. In the modern times, the British have been extraordinary able to adopt their political institutions to new needs and new ideas within a framework of legality.
Salient Features of the British constitution:
Following are the salient features of the British constitution:
1.Unwritten constitution: (partly written as well)
The British constitution is unwritten because it is not derived from a single source. The French writer De Tocqueville once remarked that: “England has no constitution.”
British constitution is a mixture of charters, statutes, judicial decisions, common law, usages or traditions, customs, conventions, precedents etc. The first constitutional document was the Magna Karta of 1215, then the bill of rights 1689, then the parliament Acts of 1911, 1949 etc. The British constitution was not framed at a single time. It is still in the process of growth.
2.Evolutionary constitution:
The British constitution has developed through a process of gradual evolution. It is still going through the process of growth. It was not framed by a person or a king for his own advantage. The British people have developed their constitution from precedent to precedent and from past experience of law and practice.
3.Flexibility of the constitution:
one of the most important features of the British constitution is its flexibility. This means that it can be amended by the parliament. In England there is no difference between the ordinary law and the constitutional law. The British constitution is different from that of America’s or Pakistan’s. In America or Pakistan his constitution is considered to be a supreme document in which amendment is very rare. The England’s constitution is always under the process of growth.
4.Unitary constitution:
The England’s constitution is a unitary constitution. All the powers of the state are concentrated in the hands of a single government for the whole country. All the local governments are the servants of the central authority which has created them and can dissolve them also.
5.Its unreality:
one of the unique features of the British constitution is what is called its unreality. There is a great difference in its appearance and its reality. In other words there is a great divergence in its theory. It is an absolute monarchy while in reality it is a democratic state ruled by a parliament elected by the people.
6.Its organic nature:
The nature of the British constitution is organic. It is constantly growing. There is much in it which remains the same and there is much also which changes according to the needs of the time. It is continually developing. Thus, an improvement will always occur in the British constitution after some time and a new constitutional document will be added afterwards. The change from monarchical system to parliamentary democracy is an example of its organic nature.
7.Parliament’s sovereignty:
Parliament is sovereign. The British parliament can do everything except making man a woman and vice-versa. The sovereignty of the parliament is a source of flexibility of the constitution. Bagehot remarked that the English parliament can abolish monarchy and establish republic in the country.
8.Party System:
The British political system has been working successfully due to the existence of two major parties. In England the existence of two major parties has contributed to the strengthening of political traditions. When one party forms the government the other sits in opposition. The party in power always looks after the interest of the opposition party because they know that if today they are in opposition, tomorrow they can be in power.
9.Nature of conventions:
Another very important feature of the British constitution is the existence of a large number of conventions in it. No one can understand this constitution properly without studying these conventions carefully. These are a part of the constitution but they are not laws, because as such these conventions cannot be enforced by the courts. They are well known to all those who run the government.
Examples of the conventions:
The Prime Minister must sit in the House of Commons
Parliament must meet at least once in a year
10.Rule of law:
One of the parliament feature of the British constitution is the Rule of law. It has two basic meanings:
“In England no man can be made to suffer punishment or to pay damages for a conduct not definitely forbidden by law”
In England no person is above the law. No one can break the law with impunity.
11.Independence of Judiciary:
The British constitution I based on the principle of independence of judiciary. Since the year 1700 this principle has been a fundamental principle of the English constitution. Although the judiciary is no doubt independent in Britain but the right of judicial review is not granted.
12.Bicameral legislature:
According to the constitution the British parliament consists of two houses ----The House of Commons (lower house) and the House of Lords (upper house). Thus, the kind of legislation in Britain is Bi-cameral.
13.A blend of Monarchy Aristocracy and Democracy:
The British constitution is a unique blend of monarchy, aristocracy and democracy.
Monarchy---- due to the existence of queen and king
Aristocracy---- House of Lords
Democracy--- Britain is now a democratic state run by a parliament elected by the people.
Conclusion:
The above study brings forth a unique feature of the British constitution that not only the constitution is revolutionary but the evolution is still continuing. There are a large number of conventions in the British constitution which are respected like laws. Thus, on the whole the British Government has shown a unique ability to adopt itself to the changing circumstances.
There can be no state without a constitution. A constitution consists of those fundamental rules which determine and distribute functions and powers among the various organs of the government as well as determine the relations of the governing authorities with the people.
The Britain has led the modern world in the development of civil rights and modern constitutions. Since the 17th century, British have been the chief model of representative government. The British government was a model for people everywhere seeking political modernization. It has unique ability to adopt without violence. In the modern times, the British have been extraordinary able to adopt their political institutions to new needs and new ideas within a framework of legality.
Salient Features of the British constitution:
Following are the salient features of the British constitution:
1.Unwritten constitution: (partly written as well)
The British constitution is unwritten because it is not derived from a single source. The French writer De Tocqueville once remarked that: “England has no constitution.”
British constitution is a mixture of charters, statutes, judicial decisions, common law, usages or traditions, customs, conventions, precedents etc. The first constitutional document was the Magna Karta of 1215, then the bill of rights 1689, then the parliament Acts of 1911, 1949 etc. The British constitution was not framed at a single time. It is still in the process of growth.
2.Evolutionary constitution:
The British constitution has developed through a process of gradual evolution. It is still going through the process of growth. It was not framed by a person or a king for his own advantage. The British people have developed their constitution from precedent to precedent and from past experience of law and practice.
3.Flexibility of the constitution:
one of the most important features of the British constitution is its flexibility. This means that it can be amended by the parliament. In England there is no difference between the ordinary law and the constitutional law. The British constitution is different from that of America’s or Pakistan’s. In America or Pakistan his constitution is considered to be a supreme document in which amendment is very rare. The England’s constitution is always under the process of growth.
4.Unitary constitution:
The England’s constitution is a unitary constitution. All the powers of the state are concentrated in the hands of a single government for the whole country. All the local governments are the servants of the central authority which has created them and can dissolve them also.
5.Its unreality:
one of the unique features of the British constitution is what is called its unreality. There is a great difference in its appearance and its reality. In other words there is a great divergence in its theory. It is an absolute monarchy while in reality it is a democratic state ruled by a parliament elected by the people.
6.Its organic nature:
The nature of the British constitution is organic. It is constantly growing. There is much in it which remains the same and there is much also which changes according to the needs of the time. It is continually developing. Thus, an improvement will always occur in the British constitution after some time and a new constitutional document will be added afterwards. The change from monarchical system to parliamentary democracy is an example of its organic nature.
7.Parliament’s sovereignty:
Parliament is sovereign. The British parliament can do everything except making man a woman and vice-versa. The sovereignty of the parliament is a source of flexibility of the constitution. Bagehot remarked that the English parliament can abolish monarchy and establish republic in the country.
8.Party System:
The British political system has been working successfully due to the existence of two major parties. In England the existence of two major parties has contributed to the strengthening of political traditions. When one party forms the government the other sits in opposition. The party in power always looks after the interest of the opposition party because they know that if today they are in opposition, tomorrow they can be in power.
9.Nature of conventions:
Another very important feature of the British constitution is the existence of a large number of conventions in it. No one can understand this constitution properly without studying these conventions carefully. These are a part of the constitution but they are not laws, because as such these conventions cannot be enforced by the courts. They are well known to all those who run the government.
Examples of the conventions:
The Prime Minister must sit in the House of Commons
Parliament must meet at least once in a year
10.Rule of law:
One of the parliament feature of the British constitution is the Rule of law. It has two basic meanings:
“In England no man can be made to suffer punishment or to pay damages for a conduct not definitely forbidden by law”
In England no person is above the law. No one can break the law with impunity.
11.Independence of Judiciary:
The British constitution I based on the principle of independence of judiciary. Since the year 1700 this principle has been a fundamental principle of the English constitution. Although the judiciary is no doubt independent in Britain but the right of judicial review is not granted.
12.Bicameral legislature:
According to the constitution the British parliament consists of two houses ----The House of Commons (lower house) and the House of Lords (upper house). Thus, the kind of legislation in Britain is Bi-cameral.
13.A blend of Monarchy Aristocracy and Democracy:
The British constitution is a unique blend of monarchy, aristocracy and democracy.
Monarchy---- due to the existence of queen and king
Aristocracy---- House of Lords
Democracy--- Britain is now a democratic state run by a parliament elected by the people.
Conclusion:
The above study brings forth a unique feature of the British constitution that not only the constitution is revolutionary but the evolution is still continuing. There are a large number of conventions in the British constitution which are respected like laws. Thus, on the whole the British Government has shown a unique ability to adopt itself to the changing circumstances.
__________________
ISLAMIC JURISPRUDENCE
******ISLAMIC JURISPRUDENCE********
Q-1. Give a brief account of the history and the development of Islamic Jurisprudence.
Q-2. What are the sources of Islamic Jurisprudence? Discuss briefly.
Q-3. Write short notes on any THREE of the followings:a) Qiy'as or analogyb) Istehsan or juristic equityc) Istidlald) Ijtehad or juristic expositione) Taqlid or following
Q-4. What do you understand by obligation per se as distinguished from obligation toperform certain acts?
Q-5What is the difference between tort and crime? Under what circumstances punishment of "Tazir" can be inflicted.
Q-6 Write short notes on any TWO of the following:a) Giftb) Ownershipc) Contractd) Possession
Q-7 What is meant by legal capacity in Islam? What factors cause defects in it and what aretheir consequences.
******ISLAMIC JURISPRUDENCE********
Q-l How the Muslim jurists have defined "Isalamic Jurisprudence (FIQH)". Give a brief account of the history and development of Islamic jurisprudence after the departure of the Holy Prophet (S.A. W)till the foundation of different schools of jurisprudence.
.Q-2 What is meant by legal capacity in Islam? Discuss at least four factors which may cause defect toit with consequences.
Q-3 What is the effect of Taqlid and Ijtehad in the formulation and development of islamic jurisprudence? Discuss in details.
Q-4 How are "Acts" classified by the Muslim Jurists? Discuss each class briefly
Q-5 What is 'meant by the term "Hadith"? Differentiate between continuous tradition (Hadith-e-Mutawatir) and Isolated Tradition (Khabr-e-wahid). ;
Q-6 "The head of Islamic State is the trustee of public property and not its owner". Discuss in details.
Q- 7 Write notes on any TWO of the following:a. Darul-Salam and Darul-Harbb. Istehsanc. Pubertyd. Mushaa
U.S.A Constitution Notes
**Features of U.S. Constitution*
1.Introduction and Evolution:
The present Federal government of U.S.A came into being in the year of 1789.The United States comprised of thirteen colonies of Great Britain. In the year 1776, these colonies at the Atlantic Coast rebelled against the mother country and became independent in 1783.During this period the revolted colonies established the “Articles of Confederation” as the first constitution in 1777.
However, this system could not last very long. There was no separate common executive nor was there any independent judiciary. An effective central government was the fundamental need of the hour. A convention for the purpose of framing the constitution was convened at Philadelphia in 1787.Thus the constitution was framed on the basis of this convention and was signed by the delegates on September 17,1787.This constitution came into force in 1789.since then it has undergone many changes, one of them being the increase in the number of states from 13 in 1787 to 50 at present.
2.Sources:
Following are the important sources of the American constitution.
a.Written Constitution of 1787:
This original constitution was drafted by a convention held at Philadelphia. It came into force in 1789.
b.Judicial Decisions:
The occasional interpretations of the constitution by the Supreme Court have introduced many important modifications in the constitutions.
c.Laws of Congress:
The framers of the constitutions laid down only the general outlines of the governmental structure. The details have been filled in by the laws passed by the congress.
d.Convention:
A convention is a custom which by long usage has acquired the force or sanctity of the constitution. These are also an important source of the American Constitution.
e.Formal Amendments:
During the period of over 170 years, the American constitution has undergone a number of amendments in the original document.
3.salient features U.S.A Constitution:
Following are the salient features of the American constitution:
A)Written Constitution:
First prominent feature of the American constitution is that unlike the British Constitution, it is a written or documentary .It is very brief document and contains about 4000 words and at least 10—12 pages. It consists of preamble and seven articles only. The framers laid down only the fundamental principles and did not bother about the details. However, this does not mean that all the rules of the American constitution are to be found only in one document. It proclaims itself to be the “supreme law of the Land”.
b)Rigid:
Another feature of the American constitution is that it is rigid, which means that it cannot be amended by the congress by the ordinary procedure. The procedure is very intricate and difficult. It is, therefore, rightly remarked that “it the founding fathers were to return to life today, they would not find it difficult to recognize handiwork.
c) federal:
Another important feature of the American constitution is that it is federal in structure. Federalism is a device by which independent states form a union without losing their identity. The American states are units having autonomous powers; the centre cannot meddle in their affairs.
d) Separation of powers:
American constitution is based on the principle of “separation of powers”. The framers of the constitution believed that the separation of various organs of the government was necessary to ensure individual liberty and to check despotism. They, therefore, gave the presidential system to their people. In U.S all the legislative power is enjoyed by the president; he is not responsible to the legislative. The legislative powers have been vested in the Congress. The judicial powers are vested in the Supreme Court.
e) Checks and balances:
The framers of the U.S constitution were aware that a department, if left unchecked, would become oppressive. They, therefore, introduced checks and balances n the constitution. Thus, Congress has been given a share in the executive powers. It can check the president’s powers of making treaties and appointments. Similarly, the President enjoys the powers of suspense veto. By using this power he can influence legislation. He also enjoys judicial powers of giving pardon and reprieve.
f) judicial independence:
The direct consequence of separation of powers is the doctrine of judicial independence. In United States all the judicial powers are enjoyed by the Supreme Court and other federal courts, no other office can influence its independence.
g)Judicial Review:
An important feature of the American constitution is the power of judicial Review. The Supreme court in U.S is supreme not only in theory but also in practice. In U.K no court can challenge the power of Parliament; however in United States all the laws passed by the congress and state legislatures are subject to judicial review.
h) Fundamental rights and Liberty:
Another important feature of the American constitution is that it ensures certain fundamental rights for every America citizen, of which he cannot be deprived by any lawful authority. Freedom f religious worship, freedom of speech and press, right to assemble peacefully and property rights etc. are some of the fundamental rights enjoyed by the U.S citizens.
I) Popular Sovereignty:
The US constitution establishes the popular sovereignty of the people. The preamble of the constitution runs thus:
“We, the people of United States, in order to form a perfect union, establish justice, ensure domestic tranquility, promote general welfare and secure the blessings of liberty ourselves, do ordain and establish this constitution for the United States of America”
First words---------we, the people of United States..This means that the ultimate seat of authority in United States is the American people.
j) Limited Government:
Another important feature is the doctrine of limited government. Unlimited powers of the government would make them despotic which would lead to tyranny and violence. In U.K the Parliament is supreme whereas in United States the constitution is supreme and the powers of the government organs are limited.
K) Bicameral Legislature:
In United States, congress is the parliament, which consists of two houses. The Senate and the House of Representatives. This means that the type of legislation in U.S is bi-cameral.
l) Dual citizenship:
Every American citizen is entitled to the right of dual citizenship. First of all, he is the citizen of America and secondly he is the citizen of that state in which he lives. The feature of dual citizenship was introduced in the American constitution by the 4th amendment.
4.conclusion:
To conclude it can be said that U.S.A constitution is written in its nature.
Rigidity,bicameralism,dual citizenship,separation of power,judicial independence ete are its salient features.
1.Introduction and Evolution:
The present Federal government of U.S.A came into being in the year of 1789.The United States comprised of thirteen colonies of Great Britain. In the year 1776, these colonies at the Atlantic Coast rebelled against the mother country and became independent in 1783.During this period the revolted colonies established the “Articles of Confederation” as the first constitution in 1777.
However, this system could not last very long. There was no separate common executive nor was there any independent judiciary. An effective central government was the fundamental need of the hour. A convention for the purpose of framing the constitution was convened at Philadelphia in 1787.Thus the constitution was framed on the basis of this convention and was signed by the delegates on September 17,1787.This constitution came into force in 1789.since then it has undergone many changes, one of them being the increase in the number of states from 13 in 1787 to 50 at present.
2.Sources:
Following are the important sources of the American constitution.
a.Written Constitution of 1787:
This original constitution was drafted by a convention held at Philadelphia. It came into force in 1789.
b.Judicial Decisions:
The occasional interpretations of the constitution by the Supreme Court have introduced many important modifications in the constitutions.
c.Laws of Congress:
The framers of the constitutions laid down only the general outlines of the governmental structure. The details have been filled in by the laws passed by the congress.
d.Convention:
A convention is a custom which by long usage has acquired the force or sanctity of the constitution. These are also an important source of the American Constitution.
e.Formal Amendments:
During the period of over 170 years, the American constitution has undergone a number of amendments in the original document.
3.salient features U.S.A Constitution:
Following are the salient features of the American constitution:
A)Written Constitution:
First prominent feature of the American constitution is that unlike the British Constitution, it is a written or documentary .It is very brief document and contains about 4000 words and at least 10—12 pages. It consists of preamble and seven articles only. The framers laid down only the fundamental principles and did not bother about the details. However, this does not mean that all the rules of the American constitution are to be found only in one document. It proclaims itself to be the “supreme law of the Land”.
b)Rigid:
Another feature of the American constitution is that it is rigid, which means that it cannot be amended by the congress by the ordinary procedure. The procedure is very intricate and difficult. It is, therefore, rightly remarked that “it the founding fathers were to return to life today, they would not find it difficult to recognize handiwork.
c) federal:
Another important feature of the American constitution is that it is federal in structure. Federalism is a device by which independent states form a union without losing their identity. The American states are units having autonomous powers; the centre cannot meddle in their affairs.
d) Separation of powers:
American constitution is based on the principle of “separation of powers”. The framers of the constitution believed that the separation of various organs of the government was necessary to ensure individual liberty and to check despotism. They, therefore, gave the presidential system to their people. In U.S all the legislative power is enjoyed by the president; he is not responsible to the legislative. The legislative powers have been vested in the Congress. The judicial powers are vested in the Supreme Court.
e) Checks and balances:
The framers of the U.S constitution were aware that a department, if left unchecked, would become oppressive. They, therefore, introduced checks and balances n the constitution. Thus, Congress has been given a share in the executive powers. It can check the president’s powers of making treaties and appointments. Similarly, the President enjoys the powers of suspense veto. By using this power he can influence legislation. He also enjoys judicial powers of giving pardon and reprieve.
f) judicial independence:
The direct consequence of separation of powers is the doctrine of judicial independence. In United States all the judicial powers are enjoyed by the Supreme Court and other federal courts, no other office can influence its independence.
g)Judicial Review:
An important feature of the American constitution is the power of judicial Review. The Supreme court in U.S is supreme not only in theory but also in practice. In U.K no court can challenge the power of Parliament; however in United States all the laws passed by the congress and state legislatures are subject to judicial review.
h) Fundamental rights and Liberty:
Another important feature of the American constitution is that it ensures certain fundamental rights for every America citizen, of which he cannot be deprived by any lawful authority. Freedom f religious worship, freedom of speech and press, right to assemble peacefully and property rights etc. are some of the fundamental rights enjoyed by the U.S citizens.
I) Popular Sovereignty:
The US constitution establishes the popular sovereignty of the people. The preamble of the constitution runs thus:
“We, the people of United States, in order to form a perfect union, establish justice, ensure domestic tranquility, promote general welfare and secure the blessings of liberty ourselves, do ordain and establish this constitution for the United States of America”
First words---------we, the people of United States..This means that the ultimate seat of authority in United States is the American people.
j) Limited Government:
Another important feature is the doctrine of limited government. Unlimited powers of the government would make them despotic which would lead to tyranny and violence. In U.K the Parliament is supreme whereas in United States the constitution is supreme and the powers of the government organs are limited.
K) Bicameral Legislature:
In United States, congress is the parliament, which consists of two houses. The Senate and the House of Representatives. This means that the type of legislation in U.S is bi-cameral.
l) Dual citizenship:
Every American citizen is entitled to the right of dual citizenship. First of all, he is the citizen of America and secondly he is the citizen of that state in which he lives. The feature of dual citizenship was introduced in the American constitution by the 4th amendment.
4.conclusion:
To conclude it can be said that U.S.A constitution is written in its nature.
Rigidity,bicameralism,dual citizenship,separation of power,judicial independence ete are its salient features.
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