No constitution however is entirely un-codified in the sense that none of its major rules are written in formal documents. ... Other major constitutional rules are contained in the common law, which is judge-made law that has developed over the centuries. ... For example, the royal prerogative, that is, the powers legally left in the hands of the Crown, is a product of the Common law. ... Even some conventions, however, are codified in the sense that they are contained in formal documents. ... The UK un-codified Constitution can be criticised for being un-democratic in the sense that it relie...

• Word Count: 685
• Approx Pages: 3
• Grade Level: Undergraduate

David Hollenbach also defines justice and morality, describing what he terms the "common good," and how our society ought to be concerned with finding it. ... Though a sense of closure might be attained, there is no way to right the situation. ... Does each individual have a different sense of justice? If so, should that sense be met at every opportunity? Hollenbach suggests that there is no set view of the "common good," and that part of the identity of a pluralist society is that fact in itself, that each person has a different view of justice. ...

• Word Count: 684
• Approx Pages: 3
• Has Bibliography
• Grade Level: Undergraduate

The Second Treatise on Government was published in 1690 and, as unapproachable as the language of this document is to our 21st century minds, the ideas put forth by Locke showed a common sense and practicality that would be well used as a modern standard. ... First, a community needs to have a common standard of law, one that is established and known to members of the community. ... Locke lists four limits to the power of the state all of which show a common sense, practical approach to the distribution of power and all of which are evident in modern democratic political societies. ...

• Word Count: 1115
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

As it is said above, the main idea of this passage is analogizing inherited liberties, or choices as they are written in the constitution, with the sense of family or unity as a people. ... The words "constitution", "fundamental laws", and "state" connote an idea of government; whereas the words, "binding up", family affections, domestic ties, and inseparable connote a sense of family or unity. ... When Burke says "combined and mutually reflected charities," he is referring to the universal aspects of society and life that all of a country's inhabitants hold dear to their hearts such as...

• Word Count: 1024
• Approx Pages: 4
• Grade Level: Undergraduate

However, despite the common starting points of their theories, their approaches to the question of property are quite differentiated. ... According to him, all men are born free and equal regardless of what generation they have been born into and, private property does not arise from consent to divide up original common property. ... Property in a narrower sense for Locke means the right to exclusive use of an object that no one else has previously claimed by mixing one's labor with an object in its natural state. ... It is argued therefore, that men enter to the society in order to eff...

• Word Count: 980
• Approx Pages: 4
• Grade Level: Undergraduate

The High Court has also had a great impact on the Legal system through decisions it has handed down involving Common law issues and the operation of rights. ... Mabo case (1993) is one of the most evident case involving Common Law and implied rights. ... An Activist High Court is when the Court is seen to be a lawmaker. i.e. interpreting the Constitution outside its literal sense. ... With regard to this case Justice Mason said " in some cases the court of appeal can and should modify a principle of common law on the basis that it is ill adapted to modern times. Courts also have the ability ...

• Word Count: 1458
• Approx Pages: 6
• Grade Level: Undergraduate

The laws for Darwin states; "These laws, taken in the largest sense, being Growth with Reproduction; Inheritance which is almost implied by reproduction; Variability from the indirect and direct action of the external conditions of life, and from use and disuse; a Ratio of Increase so high as to lead to a Struggle for Life, and as a consequence to Natural Selection, entailing Divergence of Character and the Extinction of less-improved forms. ... Darwin asserts that all living things have much in common, in their chemical composition, their germinal vesicles, their cellular structure and their ...

• Word Count: 827
• Approx Pages: 3
• Grade Level: Undergraduate

According to Plato's Crito, "Whatever the popular view is, and whether the alternative is pleasanter than the present one or even harder to bear, the fact remains that to do wrong is in every sense bad and dishonorable for the person who does it"(911). ... In Peter Cave's "Man or Sheep"," he argues that "Our common rationality and interests should lead us to see and accept what would be fair laws, benefits and rights for all"(963). ... In most areas of the U.S, privacy is protected as a common law, not a constitutional right. ... A common law can vary from state to state but one co...

• Word Count: 1114
• Approx Pages: 4
• Grade Level: Undergraduate

With the recent increase in marijuana smokers there are questions of when one of the most common recreational activities will be legalized. Studies show that those who smoke marijuana are less likely to develop precancerous cells, compared to those who smoke cigarettes, are less likely to die due to...

• Word Count: 562
• Approx Pages: 2
• Grade Level: Undergraduate

The ancient Greek and Roman civilizations of Europe began to progress toward a more civilized order of society. As there were no previous establishment to base their ideals on, it was understandable that there were some difficulties in their progression as a society. Although the ancient Greek and R...

• Word Count: 523
• Approx Pages: 2
• Grade Level: Undergraduate

In its 1992 decision in Mabo v QLD (No 2), the High Court rejected the doctrine that Australia was 'terra nullius', but held that Australia was a settled colony in which the common law recognised native title to land. ... They are not a free and independent people who are entitled to any rights or interests other than those created or recognised by the laws of the Commonwealth, States or the Territories or by the common law. Recognition of Aboriginal customary law Generally speaking, the common law has not recognised (in the sense of giving legal enforcement to) Aboriginal cus...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

"Machiavelli's most characteristic, central, and frequently involved concept is that of virtu, a term by no means regularly translatable by "virtue," and certainly not equivalent to virtue in the Christian sense. ... The laws, he says, "make men good"- that is compel them to serve the common good and refrain from barring their fellow citizens, as civil and political life demands. ...

• Word Count: 4508
• Approx Pages: 18
• Grade Level: Undergraduate

In Ilya Shapiro's article "Loss for the Redskins, loss for free speech," published in USA Today on July 10, 2015, he address the use of Native American slurs in Washington, DC's NFL team name and trademark. Throughout the paper there are sound and logical arguments that appeal to the audience who ma...

• Word Count: 881
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

Kassiner then proceeds to take on the notion that if marijuana were legalized, that it would give the youth of our country the sense that smoking marijuana was perfectly fine. ... Yet, Kassiner makes another valid point which out weighs this minor flaw in his case, as he mentions that it is a common belief that legalization would result in a tremendous increase in recreational use of marijuana, yet then goes on to provide his own solution. ...

• Word Count: 694
• Approx Pages: 3
• Grade Level: Undergraduate

In this "The Six Books of the Common wealth" (1577) he defined sovereignty as "the absolute and perpetual power of a commonwealth" (Bodin, p. 1). Consequently, in this sense the power of the prince, or the sovereign, is not subject to time and has no superior. ... For example, the law of diplomatic immunity means that the police cannot arrest a diplomat for a common crime. ...

• Word Count: 2410
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate

Throughout history we have witnessed how people as a community have done their best effort in order to achieve the common well. ... " You may see a file of soldiers, colonel, captain, corporal, privates, powder-monkeys, and all, marching in admirable order over hill and dale to the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed, and produces a palpitation of the heart....

• Word Count: 1587
• Approx Pages: 6
• Has Bibliography
• Grade Level: Undergraduate

After all, the rules before were governed by statue and common law; they were extremely complicated which lead to injustice and clearly, reform was essential. ... Moule v Garrett is a case at common law that clearly emphasizes this; the rule was given that 'where one person is compelled to pay damages by the legal default of another, he is entitled to recover from that person the sum so paid'. 9 These ideas that have been discussed also interlink with the previous position and liabilities for successors in title before the Act as due to 'Privity of Contract'; assignees ...

• Word Count: 1756
• Approx Pages: 7
• Grade Level: Undergraduate

As the common-law evolves and changes we gain deeper understandings of crime, the motivation of crime, and rehabilitation of criminals. ... The apparent similarity in the state of criminal law in these countries and the sharing of common problems is not to be unexpected. ... Punishment and sentencing are conceptually distinct, although punishment has been the most common element of sentencing throughout history. ... In most common-law nations sentencing is a separate process from the finding of guilt or criminal responsibility. ... A more modern approach in the common-law is a restorative j...

• Word Count: 4107
• Approx Pages: 16
• Has Bibliography
• Grade Level: Undergraduate

In its decision the court acknowledged that common law must recognise the concept of "native title" but the title could be extinguished by a valid act of either the state or federal parliaments expressing a plain and clear intention to do so. ...

• Word Count: 2831
• Approx Pages: 11
• Has Bibliography
• Grade Level: Undergraduate

(3) The Established British Constitutional Doctrine: Basic propositions For much of this century the British constitution has been depoliticised' in the sense that the existence of a broad consensus on the rules of the game' has meant that the constitution has not acted as a focus for social and political conflict and change. ... Britain's established constitutional doctrine has three defining characteristics: (1) the Westminster' model which equips the British State with a formal power structure to link up institutions and processes and gives cohe...

• Word Count: 1384
• Approx Pages: 6
• Grade Level: Undergraduate

The Greek philosopher, Aristotle wrote that the fairest political system would be the one in which power was shared among the monarchy, the aristocracy, and the common people. ... All three bodies of the government exercise functions which should be separate in the strict sense of separation of power. ...

• Word Count: 1092
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

Cruel and unusual punishment as defined by the law is as punishment that would amount to torture or barbarity, any cruel and degrading punishment not known to the common law or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community (Encyclopedia). ...

• Word Count: 1114
• Approx Pages: 4
• Has Bibliography
• Grade Level: Undergraduate

In transgressing the law of Nature, the offender declares himself to live by another rule than that of reason and common equity, which is that measure God has set to the actions of men for their mutual security, and so he becomes dangerous to mankind; the tie which is to secure them from injury and violence being slighted and broken by him, which being a trespass against the whole species, and the peace and safety of it, provided for by the law of Nature, every man upon this score, by the right he hath to preserve mankind in general, may restrain, or where it is necessary, destroy things noxio...

• Word Count: 7672
• Approx Pages: 31
• Grade Level: Undergraduate

When the majority has a common interest, the individual should not have to worry whether their personal rights will be discriminated against, such as in the instances when the elites decides they are deaf to the rule of law. ...

• Word Count: 2856
• Approx Pages: 11
• Grade Level: Undergraduate

Citizens of good moral sense should vigorously oppose unjust government arrangements through peaceful resistance. ... The second proposal constituting the purpose of joining of natural law moral theory is the condition that principles of morality are in some sense got from, or included by, the nature of the world and the procedure for people. ...

• Word Count: 3194
• Approx Pages: 13
• Has Bibliography
• Grade Level: Undergraduate