Constitution Essay

3427 words - 14 pages

Question-01: The Constitution declares that the sovereignty lies with the people and constitution is the embodiment and solemn expression of the will of the people?

1.0 Introduction:
Do we have a right to hold opinions that differ from others? Can we write and publish what we think? Can we protest to your government if we disapprove of its policies? Can the government search and seize our property? Can we be arrested and held without trial? Can the government treat us differently than it treats other people? Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. As a ...view middle of the document...

It does not mean that the state’s decision are not affected by events in internationals policies, demands made by the peoples or groups, suggestions or advised by people, leaders or organization. Black's Law Dictionary once defined sovereignty as: “The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent”.
Finally, we can say that sovereignty is the power to do everything in a state without accountability - to make laws, to execute and to apply them, to make war or peace, to form treaties of alliance or of commerce with foreign nations, and the like. By the sovereignty a country or a nation can do anything as they want.
Beginning with the premise that all are equal before God, John Locke concluded that the basis of political authority must be sourced in the consent of the governed. Locke drew upon natural law to claim that there are some rights that lie beyond the power of individual consent. This Freedom from Absolute, Arbitrary Power, is so necessary to, and closely joined with a Man's Preservation. For a Man, not having the Power of his own Life or his own accept, enslave himself to anyone, nor put himself under the Absolute, Arbitrary Power of another, to take away his Life, when he pleases. If the rights of life and liberty are beyond the power of the individual, it follows that for Locke it is impossible for an individual, or a community made up of individuals, to give these rights to anybody, including the government. The impossibility of giving comprehensive power to any of the three arms of government means that there are some areas that lie beyond the power of governments. Therefore, the government is properly considered as a "trustee" rather than the embodiment of the people's power.

3.0 Why Constitution is the embodiment and solemn expression of the people?
A constitution is the set of rules which governs a nation state. All nation states, needed a constitution which is determine the nation’s objectives, Powers, duties, rights of the state members. “Constitution – in its broadest sense refers to that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised”. It may be defined as that instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the several departments or branches for their safe and useful exercise for the benefit of the people. It serves as the supreme or fundamental law of a country or state. It establishes...

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