Saturday, September 28, 2019

Contrasting Codified Constitutions Case Study Example | Topics and Well Written Essays - 1500 words

Contrasting Codified Constitutions - Case Study Example The second part of the discussion relates to the amendments and the procedures related to the amendments of the two constitutions. Certain specific aspects of these constitutions as well as the safeguards incorporated or even the different forms of knowledge that could be use to interpret constitutional principles including the social and legal aspects are the main focus of this essay (Bogdanor and Rudden, 1995). The first part thus discusses main constitutional principles and separation of powers in the country in its constitutional forms. The second part of the essay discusses the amendments of a constitution and the different procedures for amending the constitutions of the two countries chosen. 2. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. (Constitution of India, 2007) In the matter of separating the judiciary from the executive, the Constitution states that -'The State shall take steps to separate the judiciary from the executive in the public services of the State'. b. ... (Constitution of India, 2007) In the matter of separating the judiciary from the executive, the Constitution states that -'The State shall take steps to separate the judiciary from the executive in the public services of the State'. In this context the roles and structure of the Executive could be given. The Executive consists of the President of India and the Vice President. The constitution states that - a. There shall be a President of India. b. The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers sub-ordinate to him in accordance with this Constitution.(Constitution of India, retrieved 2007) The extent of the Executive Power of the Union is given by the following clauses - Extent of executive power of the Union.- (1) Subject to the provisions of this Constitution, the executive power of the Union shall extend- (a) to the matters with respect to which Parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the Government of India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any State to matters with respect to which the Legislature of the State has also power to make laws. (2) Until otherwise provided by Parliament, a State and any officer or authority of a State may, notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament has power to make laws for that State such executive power or functions as the State or officer or authority thereof could exercise immediately before

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