Development of an Entrenched Constitution

Development of an Entrenched Constitution How Entrenched or rigid should a states Constitution be? A constitution is defined as a frame of political society, organised through and by law; that is to say one in which law has established permanent institutions with recognised functions and definitive rights (Wolf-Phillips, 1972:7). Thus a Constitution in itself is a legal framework through and by which a state is governed. This essay will asses factors that benefit and hinder constitutions based upon their depth of entrenchment. An entrenched constitution will usually be derived from a single codified document which will itself set special procedure Different from that needed to amendment of extra constitutional law, (Wolf- Philips, 1968: xiv) to allow amendments to be made. These codified constitutions are thus often difficult to amend due to the checks and balances built into the constitutional amendment procedure, to protect existing systems and institutions from radical short term ideas. Conversely less entrenched constitutions are demonstrated through uncodified constitutions. These constitutions that outline the rules by which government and society function are not contained within a single document but are instead set out in a variety of forms, from statute law, to general conventions and also respected and influential academic writings. Here it is the case that no special procedures are required for amendment (Norton, 1982:9). This essay will attempt to argue that equilibrium needs to be established between entrenchment and flexibility, to ensure that basic civil rights of citizens are outlined and entrenched, but that ultimately the hands of democratically elected persons should not be tied when taking important decisions by an overarching entrenched document smothering any political or societal advancement. A major and frequent criticism of an entrenched constitution derives from their very defining factor, namely that they are difficult to change and amend (Hague, 2007:261). This Critique is based upon the fact that as society changes, new challenges are faced by politics and that untimely a constitution constructed in some cases centuries before will not adapt and evolve to these needs and thus may become constrictive to generations requiring decision not explicitly contained within the document. An example of a constitutional principle that illustrates this immovable nature of entrenched constitutions is the Basic Law of Germany where any proposed changes to articles, one and twenty are inadmissible. Thus it is both theoretically and practically impossible for any changes to be made to these two articles that ensure Germanys Federal system and outline basic human rights of the German citizens. This explicit entrenchment although may be critiqued due to its cemented nature has to be taken in the context of the specific state to evaluate whether this ultimate entrenchment is justified. The German constitution was formed following the defeat of Hitlers fascism throughout Europe. Following this time of great instability it was agreed that the principle of decentralised administrative and governmental authority, (Wolf- Phillips, 1968:24) should be the key principle of any future German political system. This entrenched federalism was designed to stop future authoritarian governme nts taking power as power would now be distributed throughout the state. In this case the entrenchment of certain clauses within a constitution may be Justified due to the individual provenance of a state thus possibly undermining the critique that cementing certain clauses prevents organic evolution of a states political system. Instead entrenchment aids in protecting and guaranteeing certain standards government and society and thus ensuring if not political development, political stability. Although the above example highlights an instance where entrenchment of certain clauses may be beneficial in maintaining stability of government, not all clauses seem as rational to be entrenched as the ones described above. A Constitution that may be critiqued for its apparent outdated nature due to its arguably over entrenchment is the United States Constitution. The second article amending the Constitution affirms citizens rights to keep and bear arms (Wolf- Philips, 1968:213). This example highlights the exact problem with having a too entrenched constitution. When this specific article of the constitution was framed into law in 1791, the need for the individual to protect themselves against attack from others or indeed an over powerful state was no doubt a legitimate reason to allow for citizens to carry firearms. However, many would argue that this article is outdated and also irrational not least due to Americas stature as proprietor of modern day democratic values. Although in theory this article could be changed through a two-thirds majority in both houses of Congress and approval by three-quarters of the states (Hague, 2007: 263), this type of amendment is very unlikely to take place however due to the separated American political system with three branches of government, often of different ideological stances vowing for influence cou pled with notoriously weak party allegiances making the legislative process very inefficient. In this case a too entrenched document can be seen as protecting irrational out of date clauses thus weakening the argument for entrenched constitutions. On the other hand however this feature of entrenched constitutions as housing outdated yet immovable clauses can be seen as a great strength in ensuring law abides to civil rights of individuals. For example the first 12 amendments to be made to the Constitution of the United States are known as the Bill of Rights, these amendments guarantee freedoms and explicit rights of all Citizens of the Union (Mckeever, 1999: 46). A constitution containing explicit rights to citizens entrenched in the same way as the US Constitution ensure that it would be virtually impossible to neglect these rights in any laws proposed by government. This entrenchment of rights within a constitution may be particularly useful in states with very diverse populations where the rights of many different groups need to be protected both from government and others by an entrenched constitution outlining protection of minorities. Flexible Constitutions however often lack this explicit definition of human rights. Britain lacks a bill of rights, (Norton, 1982: 245) thus in theory, parliament has the legal ability to sacrifice rights of citizens due to the lack of an entrenched document protecting liberty of citizens. Therefore for many human rights activist groups an entrenched bill of rights is paramount to any modern state to outline citizens basic rights and to limit government power over the individual, thus strengthening the argument for more entrenched constitutions. Another potential strength of entrenched constitutions is their ability to be interpreted and thus viewed in a more flexible light. This occurs through processed carried out by Supreme and Constitutional courts. For example the Supreme Court in the USA makes decision based upon the interpretation of the constitution in modern day circumstance. This process to some extent can provide a constitution that although may have been framed centuries earlier, relevance to modern day circumstance through interpretation. This interpretation allows a historic document to act as a relevant legal framework with application to modern society. Within American political institutions the Supreme court is the final arbiter of the meaning of the Constitution (McKay, 2005:281), this strengthens the concept of an entrenched constitution as ultimately the constitution, although entrenched still allows flexibility and relevance through open interpretation by a supreme law interpreting body. (McKay, 2005:51) The British Constitution is largely regarded as one of the most flexible or least entrenched constitutions largely due to its uncodified nature. The British Constitution requires no special amendment procedure and can be altered by any piece of statute law. This has led the British constitution to be labelled as a living organism of perpetual growth and change (Norton, 1982:23). This fluid nature allows the constitution to grow and react to changes in society which allows the constitution to directly combat short term problems that may face the state. An example this organic nature can be derived from legislative procedure following the London terrorist bombings in July 2005. Here members of parliament voted to extend the detention of terror suspects to 28 days. This action in many states with entrenched constitutions would have been in opposition to principles set within the Bill of Rights. For example the USA Constitution stipulates that No person shall be held to answer for a capital and be informed of the nature and cause of their accusation. (Finer, 1995: 117). Thus any changes that are to be made to detention time without charge in the USA would be subject to great scrutiny to assess whether any increase is accepted within the nature of the constitution. Here we can see one of the possible weaknesses of an entrenched constitution in reacting to new threats as cases where supposed terror suspects may need to be held for longer gaining protection from a constitution failing to evolve to meet modern day threats, thus providing potential strength for a less entrenched and more reactionary constitution. Despite this ability for less entrenched constitutions to react to short term issues within society, many defenders of more entrenched documents see the ability to place civil liberties under threat so easily through a simple change in ordinary legislation as a terminal flaw of flexible easily modified constitutions. The stability and uniform nature of age old, entrenched documents has the same effect on law and society that is not too be too reactionary and volatile. Many groups have critiqued the 28 day detention without charge holding period as fundamentally against individuals civil liberties but have little formal ways to attack such policies due to the none entrenchment of civil liberties within the constitution. Overall we can see that both Entrenched and more flexible constitutions have strengths and weaknesses. Entrenched constitutions can become outdated and restrictive on dealing with current issues through a difficult amendment procedure. However, their entrenchment can provide a state with stability which is especially useful after revolution or war. Entrenched Constitutions have the benefit of protecting the explicit right of citizens within a Bill of Rights. On the other hand a more flexible constitution can evolve and grow as society changes around it. This helps politicians to not feel constrained to deal with current issues that face society. Despite this a flexible constitution may be reactionary and dangerous if not employed in the right type of system resulting in the possible abuse of civil liberties for short term reactionary policies. Here it is arguable that the type of Constitution a state employs largely depends on the circumstances within that individual sate. For example it is easy to see that post World War Two Germany required an entrenched constitution which guaranteed the separation of powers and human rights for citizens. On the other hand however Britain has arguably been a great promoter of democratic values where a more flexible constitution is seen as a virtue through the ability to change and amend the direction of the state without the need for ultimate written entrenchment. In conclusion it will be offered that although a state should always have some written and entrenched articles largely relating to the human rights of citizens, constitutional formulation should always based upon individual circumstance that dictates the extent a constitution should be entrenched. In an entrenched constitution however it must always be the case that a supreme court is present to interpret the Constitution for application to individual cases to keep the constitution relevant and living in modern society. References Finer S E, Bogdanor Vernon, Rudden Bernard (1995), Comparing Constitutions, New York: Oxford University press. Hague Rod, Harrop Martin (1982) seventh edition (2007), Comparative Government and Politics: An Introduction, New York: Palgrave Macmillan. McKay David (1983), Sixth edition (2005), American Politics and Society, Oxford: Blackwell Publishing. McKeever Robert, Zvesper John, Maidment Richard (1999), Politics USA, Harlow: Pearson Education Limited. Norton Philip (1982), The Constitution in Flux, Oxford: Blackwell Publishing. Phillips-Wolf Leslie (1968), Constitutions of Modern States, London: Pall Mall Press. Phillips-Wolf Leslie (1972), Studies in Comparative Politics: Comparative Constitutions, London: Government and Opposition. Bibliography Finer S E, Bogdanor Vernon, Rudden Bernard (1995), Comparing Constitutions, New York: Oxford University press. Garner, Robert. Ferdinand Peter. Lawson Stephanie (2009), Introduction to Politics, New York: Oxford University press. Hague Rod, Harrop Martin (1982) seventh edition (2007), Comparative Government and Politics: An Introduction, New York: Palgrave Macmillan. King Anthony (2007), The British Constitution, New York: Oxford University Press. McKay David (1983), Sixth edition (2005), American Politics and Society, Oxford: Blackwell Publishing. McKeever Robert, Zvesper John, Maidment Richard (1999), Politics USA, Harlow: Pearson Education Limited. Mount Ferdinand (1993), The British Constitution Now: Recovery or Decline, London: Mandarin Paperbacks. Norton Philip (1982), The Constitution in Flux, Oxford: Blackwell Publishing. Phillips-Wolf Leslie (1968), Constitutions of Modern States, London: Pall Mall Press. Phillips-Wolf Leslie (1972), Studies in Comparative Politics: Comparative Constitutions, London: Government and Opposition. Sunstein Cass (2001), Designing Democracy: What Constitutions Do, New York: Oxford University Press.

Peer Presure Essay

â€Å"Peer Pressure is an influence that creates or the desire for change.† Most teenagers agree that they will follow a peer’s decision rather than their parents’ or the authority’s. Peers are more influential in a teen’s life and tend to have more power than parents. Peer pressure has always been present and will also always be present. It is not a disease or a crime, it is merely and influence; either a negative or a positive one. WHAT IS NEGATIVE PEER PRESSURE? Negative peer pressure is an influence exerted on a person to do something wrong. This may be stealing, drugs or other. If someone influences you into doing something like this it is considered negative peer pressure. We can help reduce peer pressure by teaching coping skills at an early age. Many teenagers who give in easily to negative pressures had a difficult child hood; low self-esteem, feeling of not belonging, poor communication and judgmental skills. HOW TO RECOGNIZE NEGATIVE PEER PRESSURE Negative peer pressure gives something significant to teenagers. The group is a place where one feels accepted, where he can feel good about himself, where he feels secure. It increases his self esteem, and it also enhances his self-image. SOME NEGATIVE PEER PRESSURE AREAS Negative peer pressure can often be observed in areas such as:+ Sexuality+ Narcotics+ Alcohol+ Cults+ Groups and gangs+ Tobacco products+ Stealing+ School+ Etc†¦ THE NEGATIVE EFFECTS OF PEER PRESSURE During adolescence, a teenager is subjected to lots of peer pressure. This pressure can effect the child mentally, physically and socially. Some of the effects on a person when dealing with negative peer pressure are: Low Self-Esteem: This is the main and most common effect. When a person’s peers mock him/her, or make them feel bad, this person becomes insecure. They begin to feel down and rejected. They feel as if they are worthless to the world. And anybody who has experienced this at one time or another knows that this is one of, if not the, worst feeling you can possess. Substance Abuse: Peers often pressure one another to do something they do not want to do. Offering drugs or alcohol is very common during adolescence. And after constant persisting, and insisting that â€Å"everyone is doing it† and that â€Å"it’s cool to do so† one gives into this horrible disease. And more often than not, a person can become addicted and dependent on this substance. Obsessions or Depression: People are often subjected to constant portrayals of what you are SUPPOSED to look like or act. If a person sees people that are always thin and happy, one becomes obsessed with that image, and thinks that if they do not look or act that way, that nobody will love them. So these people turn to such eating diseases as bulimia nervosa (regurgitating after one eats) or anorexia nervosa (eating too little). They also become seriously depressed and feel that life is not worth living, and think about or attempt committing suicide. Other actions: Teenagers also conform to the people around them very easily and quickly. If a friend decides to skip school, sometimes you decide to join him. However you may think it’s your decision, but in fact it is this person pressuring you simply by implanting the thought into your mind. This is also true for lying to teachers and parents etc., not doing homework/schoolwork and cheating on tests. WHY DO TEENS GIVE IN TO PEER PRESSUREPeople give in to Peer pressure for many different reasons. One of these reasons is low self-esteem. People with low self-esteem, will do almost anything to become a cool guy. Others give in to peer pressure, because people they think are cool say to do something. These people are just hurting themselves, because if that person is really cool, he isn’t going to make you cool, because you are his little helper. Peer pressure is present in one’s life as long as they have peers (school, workplace,†¦). Therefore, it is normal for a person to give in to peer pressure. At the beginning of teenage years, teens develop a sense of independence from their parents. Teens want to shape their identity and experiment new things. One may join a group if he is insecure about himself or if he has low self-esteem or self-worth. SELF-ESTEEM AND SELF-WORTHSelf-Esteem and Self-Worth affect people very deeply. When peer pressure is exerted on people with low self-esteem the reaction is often the same. A person with low esteem for himself will try to raise his self-esteem but often in the wrong way. When someone changes his personality to conform with what others expect from them will always hurt them in the end.Teens must understand that the choices they make today will absolutely affect their future. Teens must also realise that their future is much more important than simply pleasing their friends today. Some things that you or your parents could do to build someones self-esttem are:+ Have frequent discussions with friends or children + Spend quality time with them+ Keep you eyes and ears open for new ways to offer support+ Respect their feelings and encourage him or her to share them with you+ Share your own beliefs and values+ Explain that you learned from your mistakes+ Encourage achievement but avoid adding undue pressure+ Always offer praise when your friends make good decisions HOW TO RESIST PEER PRESSUREThere are many different ways by which one may resist peer pressure. One very effective way is by simply saying ‘no’. Often we feel that they will persist but often an affirmative ‘no’ is enough. However, we must express clearly our choice, we mustn’t express the least sign of indecision. You may also walk away from the situation, no matter how much you want to fit in. You must realise that you are the one who makes the decisions for yourself, not your peers. If you feel uncomfortable with the people you are with, consider finding new friends, some which have a good reputation, which would eliminate any negative pressure. Another alternative would be to hang around many different types of people. That way you reduce the chances of being pressured. It is good to set yourself goals knowing that everything you do affects your future. WHY DO PEER GROUPS HAVE POWERThe main reason why peer groups have so much power over individuals is that they give something significant to a person such as self-esteem, security or even enhances their self-image. Peer groups are so powerful, they overcome the morals of family and society. Teenagers tend to go toward other teens with similar problems and in the same situation as they are. There is a very strong desire to satisfy the need for unity and acceptance. This causes peers to have more influence than parents. THE IMPORTANCE OF PEER PRESSURE Peer pressure plays a very influential role in our everyday lives. It affects, not only adolescents, but children, teens, adults, even senior citizens. Although some people think they aren’t affected by peer pressure, almost everyone is. Resisting even the smallest things is very hard. Peer pressure, affects the way we speak, walk, dress, act, our attitudes, who we hang out with, our friends, and what we do. Although peer pressure is often negative, but along with that negative, is also the positive. Peers, can make you do the smallest things, yet still be a large influence. Although most of the effects heard about are negative, the world would be a much different place without peer pressure, and not necessarily for the better. How would a world of individuals get together? If one group of individuals and another, can’t get together, and therefore proclaim war. How could a couple billion individuals survive together? Nevertheless, some things would get better. If many teenagers start smoking because of peer pressure, without it, fewer teens would probably be smoking. Could we survive without peer pressure? If there were no peer pressure, many things would be changed, the way we speak to friends, would be changed dramatically. We wouldn’t be able to say such common things as, â€Å"Those shoes are really cool,† because they could interpret this be a friend, to mean that wearing those shoes is cool, therefore being pressured. As you can see, peer pressure plays a very important role in our everyday lives. Without it, no one would be the same, a world of total individuals, who didn’t listen to what anyone had to say about everything. Yet with it, a world where teens start smoking at the age of 12, having babies at the age of 14, and stealing to get money to buy drugs at 18. IS PEER PRESSURE REALLY THAT BAD? We’ve established the fact that peer pressure affects everyone, but is it really that bad? There are many, many examples of disastrous consequences to peer pressure. Following is the example of David Duren. David Duren is awaiting execution on Alabama death row. For the last couple years he been asking himself: â€Å"What am i doing here?† By piecing together the events in his life. He says that his real problem was growing up with peer pressure. â€Å"I was a skinny little weekling, a straight kid.† So, for company and fun he hung out with the kids in his apartment complex. He wasn’t accepted at first because he didn’t smoke, drink or curse. But he discovered that if he wanted to fit in he had to do all those things. So, at age 12, he inhaled his first cigarette, drank his first beer, smoked his first joint of pot, and cursed regularly. He then discovered that by succumbing to peer pressure, he surrounded himself with so-called friends who smoked, drank, did drugs and cursed. Bye exposing yourself to the drug world you discover many, many different drugs. Then suddenly, he wasn’t just smoking pot, he was crushing Quaaludes and mixing it with his pot. He then discovered his favorite drug, LSD. He was doing it even when in the army on the average of four or five times a week. One night, he killed a 16 year old girl while he was doing LSD. â€Å"Why All because I gave in to peer pressure! That’s where it all started.† He explains. † Your friends can make you or break you.† David Duren now wishes he had taken the advice of 1Corinthians 15:33, â€Å"Do not be deceived: bad companions corrupt good morals.† Peer pressure is one of the major reasons that teens abuse illegal drugs. Peer pressure is when another person in this age group persuades someone else to do something they don’t want to do. (Williams, Rob) This happens often among friends. In Alcohol, Stepney discuses children mimicking or idealizing friends, family, or T.V. Most people use peer pressure every day. A typical phrase is when someone says, â€Å"It will be fun, trust me.† This could be harmless pressure to try something like a new movie, or a new brand of cookies. It could also be pressure to abuse illegal drugs. Peer pressure is often used in harmful ways. (Doe, John) Teens at a party want to fit in. Many find it is very hard to say no when their peers are doing drugs. It may seem easy to say no, but when a teen feels pressured and wants to fit in, most teens try the drugs in the end. Another form of peer pressure is reverse psychology. This is making it look good for you although it’s bad. If someone changes sides all of a sudden, a teen may change to the other side as well thinking it was their own idea. Greed, according to an electronic source, is another reason for drug abuse among teens, as they get others hooked and sell to them to pay for their own habit. (Guillermo D. Jalil) Peer pressure is probably the main reason most teens abuse illegal drugs. During puberty, many teens suffer with depression. Depression is when a teen is not happy with themselves for real or imagined reasons. They may be suffering from low self-esteem or torment by others, leading to not being happy with their appearance or other physical features. Many teens go through periods of moodiness, inner turmoil, and rebellion (Gilbert, Sara). Depression may also occur in a teen due to family problems. A teen may think a divorce is coming due to parental behavior but the parents may not be thinking that. In How to Live With a Single Parent, Sara Gilbert says, â€Å"It could be worse (29).† This refers to a parent talking about a teen’s father’s death. Family problems are stressful and this stress can lead to depression, thoughts of suicide, and the abuse of illegal drugs. Stress is a physical, chemical, or emotional factor that causes bodily or mental tension (Williams, Rob). When adolescents go through a lot of stress they just want the problems to go away. Some abuse mind-expanding drugs, which make them forget for the time being. According to â€Å"Getting High in Junior High†, youth today are rapidly changing (Doe, John). Many teens do not seem to be able to handle the changes. When they become sober again, they may become depressed. They still have the worries and emotional problems they used to. Loneliness is a feeling many teens go through. Adolescents go through this because during their teen years they become more independent. This causes them to change their lifestyle. Changing lifestyles means they may stay in or out of the house more. They may not hang out with friends as often (Gilbert, Sara). Teens sometimes abuse drugs to pass their time because they are lonely. They do this because it makes them feel good for a short time. Nody Labi writes in â€Å"Amiss Among the Amish† for Time magazine, of an Amish college student saying, â€Å"The ‘thrills’ are not really satisfying. The stability in the Amish community looks more worthwhile† (Labi, Nodi). This Amish college student realized the stability of her community was more satisfying than the thrills of abusing illegal drugs.

Research CSS (level 1) vs. CSS3 Essay

The latest version of CSS is the CSS3 version which basically differs from CSS2 in the incorporation of Modules and other changes. Modules enable the designing to be done in a lesser time with more ease while updating individual features and specifications. The CSS3 version supports many more browsers than CSS2, but make sure it works on all operating systems and browsers. Other major changes include CSS Selectors which CSS2 had simple selectors and the new version calls the components as a sequence of simple selectors. Pseudo elements because many Pseudo elements have been added that allow in-depth yet easy styling. Also a new convention of double colons ‘::’ has been introduced. Style properties let multiple background images be layered in the box using different elements like background image position and repeat. Border style is the styling of borders that extended to images and rounded designs which includes creating image of the borders and then automatically apply image to the borders through CSS. Additions in Properties include border-radius, image-source, image-slice, and the values for width outset and stretch have been added in CSS3. It also features properties for managing boxes like shadowing, wrapping and breaking have been added. The best part of CSS3 is that it has done away with complex structures for div tag and makes it easy for hassle free designing of multiple table-less columns. This can be simply done by putting in the number of columns in the browser that need to be added in the body element along with their width, color and height to make the text flow through the columns with ease.

Public School Dress Code Essay - 965 Words

Young girls across the world are constantly being sexualized and told to cover up their bodies. Girls starting from middle school through high school are told to meet ridiculous standards that are required to be appropriate to attend public school. Girls who are forced to change or go home based on these absurd demands are being told that putting their education on pause, is more important that being comfortable in their clothes they are wearing. A boys wears a shirt to school with a bikini model on it, and nothing is said. A girl wears a tanktop on a 90 degree day, and she is pulled out of class. Standards like this are interrupting the education of many young women across the world, and they need to be stopped. Ruining self esteem for†¦show more content†¦For example, Arkansas public school dress code law, â€Å"requires districts to prohibit the wearing of clothing that exposes underwear, buttocks, or the breast of a female student. (The provision prohibiting exposure of the underwear and buttocks applies to all students.)† (Zhou). Boys are held to a different standard than most young girls in public school. Girls’ clothing choices are seen as a distraction by schools, and are thus giving the idea that girls’ education is secondary to what they wear. A town in New Jersey launched a movement called #IAmMoreThanADistraction, which is inspired by girls who have been told that they are the sole reason behind dress code. Telling girls at a young age that they are a distraction is only preparing them for a male dominated world. Phrases like this must end for dress codes to be put to rest. Dress codes target young girls bodies at a young age and cause self esteem issues from a very early age. Establishing sexist norms into young minds is a recipe for disaster. 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