Differences between Written and Unwritten Constitution

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Differences between Written and Unwritten Constitution

INSTRUCTIONS:

Select no fewer than five and no more than seven academic refereed scholarly works that relate broadly to the topic of your major research paper. A refereed or peer reviewed publication is one that has been blind reviewed - that is, the reviewers do not know who wrote the proposed publication and the author of the publication does not know who has reviewed their work - by at least two qualified peer reviewers. This is why simply using your Google Browser and, poof, presto, your research is done is not an acceptable method of research. Almost all library books and journal articles found in university data bases have been peer reviewed. If you have any doubts contact your tutor. So, this will take some effort on your part. SPECIFIC INSTRUCTIONS: Begin the assignment with a brief paragraph (three to five sentences) explaining your response to the question chosen, either one of the above questions or an alternate that you have discussed with your tutor. Whatever question you choose to examine, clearly explain your position on the question in the first paragraph of the assignment. This is essentially a statement of thesis upon which you will build your research essay (Assignment 3). Note that this thesis statement must be fairly specific. For instance, if you selected question 2, it is not sufficient to say you are going to examine the matter of judicial independence and judicial review in a liberal democracy. We ask why liberal democracies shield judges from political interference and whether judicial review should entail a relaxation of this traditional non-interference. Accordingly, we want to see an answer to these questions, not simply a restatement of the question. Afterwards, provide a précis, or summary, of each work selected. Summaries will be one paragraph containing between three to six sentences (totalling 60 to 80 words). Précis that exceed 80 words are going to result in a poorer précis so be very careful to use your words wisely. Each précis should describe succinctly the work`s (1) thesis (i.e. what the work demonstrates), (2) evidence that develops or proves the thesis, and (3) relevance of the chosen article to the thesis of your own proposed research essay. The annotated bibliography must be submitted and marked prior to submitting the major research paper. SOURCES HAVE TO BE FROM GOOGLE SCHOLAR...I WILL ATTACH SOME OF THE SOURCES THAT I HAVE SO FAR I DO NOT KNOW IF IT WILL BE USEFUL. I WOULD BE GRATEFUL IF YOU CAN CONTACT ME REGARDING MY ASSIGNMENT. THANK YOU.

CONTENT:

Differences between Written and Unwritten ConstitutionAnnotated BibliographyNameCourse numberInstructor`s nameDate Introduction The one individual one vote system, the presumption of innocence and the right to privacy are all thought to be constitutional rights. However, these and many others may not be found in the written constitution. As much as they may not be found in the written constitutions, they are as Amar, (2012) puts it important in a democracy. For effective political, governance and justice systems in any liberal democracy, the aspect of unwritten constitution are essential. This paper shows why unwritten constitutions are equally relevant and supportive in liberal democracies. Waluchow, W, (2012). Constitutionalism, The Stanford Encyclopedia of Philosophy Available from HYPERLINK "http://plato.stanford.edu/archives/win2012/entries/constitutionalism/" http://plato.stanford.edu/archives/win2012/entries/constitutionalism/>.In this article, the author affirms that though many scholars harbor apperception that the values and norms of constitution have to be presented a written document for the be thought of as existing, it is both acknowledged and obvious that there are some elements and which are thought of as equally important. Waluchow argues that there are some elements and values which may not be written down but becomes crucial in justice systems. The author takes as an example the nation of UK, which has been successful in incorporating unwritten constitution in their judicial and governance frameworks. In general, the writer articulates that writtenness cannot be solely used to defining the general character of a constitution. Grey, T.C (1988). Uses of Unwritten Constitution. 64 Chi.-Kent L. Rev. 211) Available from http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/chknt64&div=16&id=&page=Grey in “Uses of Unwritten Constitution” explains that though many democratic countries including America have a written constitution, there is unknown to many, an enforceable constitution which is not written down. This unwritten constitution is constituted of specific constitutional practices, customs and the related ideals as well as values. Some of the aspects implemented through the unwritten constitution according to this author, includes the right to privacy and the liberty process which involves the interpretation of unwritten laws. The author is a professor at Stanford Law School, USSherry, S (1987). “Founders of Unwritten Constitution”, University of Chicago, Law review Vol, 54, 115-117 Available from HYPERLINK "http://www.jstor.org/discover/10.2307/1599731?uid=3738336&uid=2&uid=4&sid=21102520539727" http://www.jstor.org/discover/10.2307/1599731?uid=3738336&uid=2&uid=4&sid=21102520539727In the “Founders of Unwritten Constitution, the author explains the relationship of written constitutions the the unwritten ones. He begins the article by asserting t...

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