Constitutional law is the branch of law relates the relationship between the judiciary, the legislature, and the executive. Constitutional law is responsible for setting out the government’s general operating framework. Constitutional laws usually determine the scope of the terms contained in constitutions, and their applications. Constitutional laws cover various areas of law, such as individual rights, relationships between various bodies of governments, legislative procedures, and legal structures among others. For this reason, “constitutional laws affect public safety and individual rights associated with probation, parole, and correctional organizations” (Cohen, Danelski & Yalof, 2007). Constitutional law affects public safety in various ways. Constitutional law ensures personal security, personal liberty, and protection of both private and public property. For example, constitutional law gives a person the right not to killed, injured, or abused. Constitutional law also affects public safety by giving individuals the liberty of free movement, liberty of assembling peaceably, and to be secure in a person’s house or vehicle. “Constitutional law also addresses the keeping and bearing of firearms, which plays a big role in public safety” (Barker & Barker, 1994). Constitutional law also affects individual rights associated with probation, parole, and correctional organizations. Constitutional law stipulates the rights that individuals have and those that are no longer have once they are on probation, parole, or have been sent to correctional organizations. An example is revoking the right to vote from individuals with felony convictions. Constitutional law affects public safety and individual rights associated with probation, parole, and correctional organizations. This is because constitutional law is responsible for defining the terms and scope of application for various laws that deal with public safety and individual...
...Role and Functions of LawLaws are the principles and regulations established, whether in the form of legislation or policies recognized and enforced by judicial decision ("Dictionary.com", 2014). In general, laws serve some main functions such as: provide safety for individuals and their assets, resolve conflicts, and protect civil liberties. In our society and business there are laws that have been created as a body of rules that we must follow. It regulates a lot of what we think and do, though some may not be as obvious as others. It is assumed that, each act we partake in is accompanied by the express consideration of a law or societal rule, and as so, we proceed accordingly.
Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Many laws provide ethical standards as well as expectations. We started with the constitution, which establishes the fundamental principles of a government at the state and federal level. This includes creating the branches of the government, preventing other governmental units from passing certain laws, and bestowing and refusing certain powers to each branch. The U.S. Constitution is the Supreme Law of the US. In addition to setting out the structure of the three branches of the Government...
...Immanuel Kant on Law and Justice
To be moral living human beings there must be a guiding action. This action varies depending on the degree of obligation: law, rule or maxim. A law should promote and protect the common good. Above all, a law must be just and reasonable to follow. A rule is a prescribed guide for conduct or action that indicates how we ought to act to behave in certain situations. Rules are not strictly legislated but are nevertheless obligatory guidelines for actions. A maxim is a general truth or rule of conduct. Immanuel Kant's political teaching may be summarized in a phrase: republican government and international organization. In more characteristically Kantian terms, it is doctrine of the state based upon the law (Rechtsstaat) and of eternal peace. Indeed, in each of these formulations, both terms express the same idea: that of legal constitution or of "peace through law.
Rechtsstaat is a doctrine in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as a "legal state", "state of law", "state of justice", "state of rights" or "state based on justice and integrity". It is a "constitutional state" in which the exercise of governmental power is constrained by the law, and is often tied to the Anglo-American concept of the rule of law, but differs from it in that it...
Law is so diverse and complex; although what law does is helpful: the law sets basic standards of behavior that are enforced by government and also by individuals and groups
• Freedom from violent conflict • Rules of conduct for different reasons
Why do we have- need- law?
• 1) Law is needed to protect persons, property, and society as a whole. It can not force someone to do something; ordinarly relations, reasonable, and predictable o ie) by requiring all types of vehicles to drive on the right-hand side of the road • 2) Law gives government the power to act for the benefit of society in general. Providing policing, firefighting, education and helth care. • Rule of Law- established legal principles that treat all persons equally and that government itself obeys. • 3) Law regulates individuals’ interaction with each other; for example, it enables us to make legally binding agreements enforceable in the courts. The law provides an element of certaintiy in determining contractual and property rights- something that is essential for the efficient carrying on of business.
Facilitate business and private ordering.
Most laws naturally evolve from basic moral principles that all people accept.
Grotuius revivied the second theory of natural law based on fundamentally rational moral principles independent of...
The rule of law is fundamental in any society where human rights are to be protected. The word rule comes from “règle” and law from “lagu” roughly translating to “supremacy of law”.1It is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur.
The most important application of the rule of law is the principle that government authority is legitimately exercised in accordance with established procedural steps that are referred as to due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader. Thus, the rule of law is hostile both to dictatorship and to anarchy.
Since a democracy is characterized by majority rule whereby the law is whatever the majority says it is, the rule of law as a result is one of the measures taken to prevent tyranny by that same majority. Thus, it can be said that the rule of law protects the rights of individuals from the whims of the majority. As a consequence, democratic countries require the rule of law due to the fact that it establishes the foundation for certain conditions on which democracy depends unlike authoritarian states which may be governed either by personal power or loyalty.
1.1 Definition of Rule of Law
...Dr. M Henner
Intro to US Law Final
27 April 2014
The problem with this defense is that insanity in this particular essay is either examined from a legal angle or a psychoanalytical one which involves talking to people and having them take tests. There is however, no scientific proof confirming the causal relationship between mental illness and criminal behavior based on a deeper neurological working of the brain sciences. The psychiatrist finds his/herself in a double bind where with no clear medical definition of mental illness they must answer questions of legal insanity beliefs of human rationality, and free will instead of basing it on more concrete scientific facts.
The criminal justice system and modern science approach the question with interestingly different perspectives. The M'Naghten rule allows little room for negotiation of the crime details. Essentially, the defendant is declared either sane or insane; the defect of reason from a brain disease makes them either right or wrong. Advances in the field of neuroscience indicated that certain mental diseases were caused in part by factors outside the control of the individual inflicted with the disease and the fact that medication could be used to successfully alter one's behavior was a scientific breakthrough.
There was a case by the name of John Hinckley case that was re-popularized the tough rule of the M'Naghten creating an ambiguous relationship between...
The Criminal Offence Of Blasphemy And Its Compatibility With The HRA 1998
Criminal offense is an act, which is punishable by criminal law. It involves the violation of various laws, moral principles and duties that one is expected to perform or observe1. Criminal law is a body that regulates social conduct in the society2. The law prescribes the things that are harmful or threatening to property, safety and moral welfare of the society. Criminal law lays out the punishment for violation of the laws. It fundamentals are based on ‘actusreus’ and’ mens rea’ which are doing what is illegal according to the law with the intention to commit the crime. The criminal law has its main focus on the role of the courts in applying common law and criminal statutes.
According to the case study, I. A committed a criminal offence according to the law at that time. The publishing of the book was a criminal offense since it was an act against the law, which protected against Blasphemy to God, the religion, the prophet and the holy book. Starting from the title of the book and some of the phrases contained in the book, the author committed an act of blasphemy which was prohibited by law. The author gave the book the title the forbidden phrases and wrote a controversial book on...
...in the form of laws. It is precise, definite and systematic. It is the result of the conscious and deliberate efforts of the people. It is framed by a representative body duly elected by the people at a particular period in history.
It is always promulgated on a specific date in history. The Constitution of India, for example, is a written constitution. It was framed by a representative Constituent Assembly and was promulgated on a definite date, i.e., 26th January 1950.
A written constitution is generally rigid and a procedure separate from that of enacting ordinary law is provided for its amendment or revision. In other words a distinction between constitutional law and ordinary law is maintained. The first is regarded as superior to the second. A written constitution may also be termed as an enacted constitution.
Modern written constitutions owe their origin to the charters of liberty granted by the kings in Middle Ages. But the first written constitution framed by a representative constituent assembly was that of the United States of America. This example was followed by France. During the 19th century a number of states framed their constitutions, all of which were written, with the exception of the constitution of England.
An unwritten constitution is one in which most of the principles of the government have never been enacted in the form of laws. It consists...
FACULTY OF LAW
CRIMINAL PROCEDURE WORK
DISCUSSION ON THE FACTS AND LEGAL ISSUES IN S V MAKWANYANE 1995 (3) S.A.391 (CC)
Prepared by: Hyacinthe H.
Kigali, March 2011
ABBREVIATIONS AND ACRONYMS
CC : Criminal Court
Http : Hyper Text Transfer Protocol
Ibid : Ibidem
Id : Idem
S v : State Versus
S.A. : South Africa
ULK : Kigali Independent University
WWW : World Wide Web
TABLE OF CONTENTS
ABBREVIATIONS AND ACRONYMS i
TABLE OF CONTENTS ii
1. INTRODUCTION 1
1.1. Facts 1
1.2. Legal issues 1
1.3. Death penalty 1
2. DISCUSSION ON FACTS AND LEGAL ISSUES IN S v. Makwanyane 2
2.1. Fundamental rights and limitation of rights 2
2.2. The essence of human dignity in South Africa today 3
2.3. Death penalty 3
2.4. Legal issues of death penalty by other countries 4
This course work is about a summary of facts and legal issues in the S v Makwanyane 1995 (3) S.A. 391 (CC), and for a good comprehension of this work, I prefer to start on the definitions of key words in the topic of this work which are: facts, legal issues, death penalty.
According to the American Heritage® Dictionary of the English Language, the word fact (făkt) is a noun which means: 1) a. something demonstrated to exist or known to have existed; b. A real occurrence; an event; 2) A thing that has been done, especially a crime; 3) Law The aspect of a...