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Essays in constitutional law

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22 Jul 2024

How does the French legal system differ from the common law system with reference to the powers of judges and the functioning of the courts?

Essay - 3 pages - Constitutional law

Judicial systems differ from country to country. Two common legal systems are civil law and common law. Often the choice to use one system over another is based on the history of the country or region in question. For example, France uses the civil law and England uses the common law. The...

17 Jan 2024

In your opinion, is the British Monarchy still a relevant institution today?

Essay - 1 pages - Constitutional law

The British monarchy is a long institution that has survived for many years and played a main role in the country history and culture. The British Monarchy, is an institution that lasted in centuries of tradition and historical significance, has long as it has been a symbol of continuity and...

16 Dec 2023

Is the House of the Lord undemocratic?

Essay - 2 pages - Constitutional law

British Labor proposes to abolish the House of Lords and replace it with an Assembly of Regions. The party's program was presented with a view to the legislative elections which must take place no later than January 2025. It would aim to replace the House of Lords, in which an Assembly of...

06 Apr 2023

How Does the Constitutional Council Carry Out the Constitutional Review Under the Fifth Republic?

Essay - 5 pages - Constitutional law

The Constitutional Council is defined by the articles of Title VII of the 1958 Constitution. Its arrival in seventh position in the order is indicative of the lack of importance that the constitution grants it. The introduction of a jurisdiction in charge of priority preliminary rulings was...

10 Oct 2022

India: Kesavananda Bharati vs State of Kerala

Essay - 5 pages - Constitutional law

Perhaps the most recognized constitutional decision within the Supreme Court of India reflects on the case of Kesavananda Bharati against the State of Kerala. While the Supreme Court ruled that there was no implied limitation on Parliament's powers on amendments to the Constitution, the...

16 Jul 2021

The right of veto in the US Constitution

Essay - 5 pages - Constitutional law

In 1787 the US Constitution established a special political regime that has no equivalent elsewhere. This observation stems from the will of the Founding Fathers, who wanted to build a characteristic and unique system of balance of power. In addition to the implemented separation of powers, this...

07 Sep 2016
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"Toward Neutral Principles of Constitutional Law" by Herbert Wechsler and the Brown v. the Board of Education Legal Decision

Essay - 2 pages - Constitutional law

In "Toward Neutral Principles of Constitutional Law", Herbert Wechsler brings up difficult issues that are eternally present in cases that make their way up to the Supreme Court. While we often deny these issues and simply assume that the court is making a decision that is "Constitutional" and...

20 Jun 2012
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Muslims and Violence

Essay - 13 pages - Constitutional law

Writings about a potential relationship between Islam and violence are abundant whether in the Muslim world or in the Occident. Islam is a fast growing religion but certainly not because of violence or constraint.On the other hand, Muslims are suffering from a multitude of crises, especially...

15 Feb 2012
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The fundamental constitutional principles of the British constitution

Essay - 4 pages - Constitutional law

The fundamental constitutional principles of the British constitution are: -The rule of Law -The separation of powers In basic terms, the rule of law is the supremacy of law other humankind. As early as the 4th Before Christ (BC), Aristotle a great philosopher explained that the rule of law is...

12 Jul 2011
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Letter and Spirit of the Law: Comparative Analysis of the Constitution's Interpretations with Regards to the Death Penalty

Essay - 4 pages - Constitutional law

Death penalty, also known as the capital punishment, has been one of the most controversial legal issues since the first federal execution took place on June 25, 1790. Its constitutionality is still widely debated today. One of the most debatable aspects of the death penalty issue is whether it...

29 Jun 2011
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Larry Sabato's 'A more perfect constitution'

Essay - 3 pages - Constitutional law

I agree with Sabato's proposal of a presidential line-item veto. This would allow the President to veto only select parts of a bill--eliminating unnecessary attachments and thereby reducing wasteful spending. Members of Congress are unashamedly out for themselves—they represent their...

27 Jun 2011
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The Importance of constitutional interpretation

Essay - 3 pages - Constitutional law

Constitutional interpretation, often called “judicial interpretation,” is defined as “a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation” . There are two main types of interpretation:...

29 Sep 2010
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Evaluate the Importance of the Supreme Court in the US Political System: In What Ways Is It a Political Actor?

Essay - 5 pages - Constitutional law

The Supreme Court, the highest court in the American judicial system, is one of the three branches of the US national government. In 1803, a mechanism was put in place to ensure that governmental officials and governmental institutions would respect the limitations prescribed in the "Supreme Law...

29 Sep 2010
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Democracy in the US Constitution: Representation and the Balance of Powers

Essay - 2 pages - Constitutional law

Although the US Constitution intended to ensure the principles of equal representation and freedom of political expression, the imperfect process by which the document was created resulted in various undemocratic principles that are contrary to the spirit of the given prompt. The Constitution not...

29 Sep 2010
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Advantages and disadvantages of having a written Constitution: the example of United Kingdom

Essay - 3 pages - Constitutional law

A constitution is a legal document that sets out the relationships between the three main institutions of the state, that is to say the executive, the legislative and the judicial power, and that which also guarantees a certain amount of rights for the citizens. In a wider sense, and quoting...

29 Sep 2010
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Is the American Constitution the best in the world?

Essay - 3 pages - Constitutional law

"We, the people of the United States,?do ordain and establish this Constitution of the United States of America?. By these words starts the American Constitution. This document was adopted on September 17, 1787, by the Constitutional Convention, led by Thomas Jefferson and George Washington, and...

29 Sep 2010
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The Stability Pact

Essay - 5 pages - Constitutional law

“The Stability Pact is stupid, like all decisions that are rigid […]” this declaration made by Romano Prodi in an interview for the French newspaper: Le Monde in October 2002 had given a nasty turn to the economical and political European scene. This quotation of the former...

29 Sep 2010
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The British Constitution: debate about constitutional reform

Essay - 4 pages - Constitutional law

Once widely admired, especially during the seventeenth century by French philosophers, the British constitution has now become a target for criticism. There have been strong debates regarding constitutional reforms that emerged after the democratic reforms of the nineteenth century to the...

15 Jan 2009
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"An English court should solve problems of characterisation by applying the only concepts with which it is familiar, namely those of the forum." Discuss the proposition critically with reference to decided cases

Essay - 7 pages - Constitutional law

The English conflict of laws is a body of rules whose purpose is to assist an English court to deal with cases tried before it which contain a foreign element. It consists of three main topics: (i) the jurisdiction of an English court, in the sense of its competence to hear and determine a case;...

09 Jan 2009
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To what extent can the Spanish model of citizenship be used for the European Union? Examine the rights and duties of the citizen under the Spanish Constitution as well as the conciliation of various regional aspirations and feelings. In what way is this

Essay - 5 pages - Constitutional law

According to many commentators and journalists, the European Union would be challenged by some crisis, each of them having different natures: for instance, European regions, whereas they could be a good complement for European governance, are increasingly perceived as a threat for the European...

06 Oct 2008
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A testator's disposal of property and providing for the family, cohabitants and dependants

Essay - 8 pages - Constitutional law

In our courts, wills are contested and challenged every day. Despite the best intentions of the testator, or author of the will, there is no such thing as a will that cannot be contested. Still, it is important to remember that a will is designed to protect the wishes of the testator after they...

30 Sep 2008
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The Enlightenment Project and how it impacted Christian theology

Essay - 5 pages - Constitutional law

Typically identified as a movement among eighteenth century philosophers in France, Britain and Germany, The Enlightenment Project, also known as ‘The Age of Enlightenment,' or simply ‘The Enlightenment,' bridged the seventeenth century's ‘Age of Reason' with the nineteenth...

18 Aug 2008
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Land law: The Land Registration Act

Essay - 6 pages - Constitutional law

The Land Registration Act 2002 (LRA) came into force on 13th October 2003 implementing an overhaul of the organisation of registered land system, repealing the Land Registration Act 1925. The Law Commission Report Number 271 highlighted the central objective of the LRA 2002 being to create a land...

04 Aug 2008
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The Supreme Court: America's judicial body of power

Essay - 9 pages - Constitutional law

This paper analyzes the ways in which the Supreme Court's function has transformed, its current structure, and the issues that presently surround the Court. In order to maintain freedom and prosperity for the American people, the founding fathers explicitly divided up government responsibilities...

29 Jun 2008
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Education of All Handicapped Children Act of 1975

Essay - 3 pages - Constitutional law

Inclusion came by the way of Education of All Handicapped Children Act of 1975 which gave the right of equal educational opportunity to children with disabilities. This was later reenacted in 1990 as the Individuals with Disabilities Education Act (IDEA). Supported by the Americans with...

15 Jun 2008
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The issue of choosing a Supreme Court Justice

Essay - 8 pages - Constitutional law

Introduction In recent years, the stability of the Supreme Court has been challenged as a direct result of changes in the specific members that comprise the Court. Up until 2006, specific patters of decision-making could clearly be delineated. However, the death of Chief Justice William...

04 Jun 2008
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Affirmative action in the U.S

Essay - 9 pages - Constitutional law

In recent years, the issue of affirmative action has become one that has polarized debate in the United States. Affirmative action, which was originally conceptualized under President Johnson's Executive Order 11246 was supposed to provide social institutions with the mechanisms necessary to...

20 Apr 2007
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American law essay 3 : Bush v. Gore 531 U.S. 98 (2000)

Essay - 4 pages - Constitutional law

Bush v. Gore is a landmark decision of the Supreme Court in many regards. First because of its time constraint (the Electoral College had to meet on December 18th, which gave the Justices very little time to make a major decision), secondly because of its tremendous impact (the Court was given...