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Is the Australian Constitution in Need of Reform?, 2006.
An examination of the need for transformation of the Australian Constitution.
2,173 words (approx. 8.7 pages), 11 sources, APA, AU$ 108.95
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Abstract
This paper argues that the inconsistencies within the Australian Constitution can be most effectively addressed through the process of reform. The paper begins with a discussion of the history and content of the Constitution. It then explains the ambiguities in the application of conventions, and the structure and roles of the Federal Parliament. The writer advocates that Australia's political, economic, cultural and social development need to be reflected in the Australian Constitution. The writer concludes that reforms are needed to bring the Constitution into a modern context, so that it is truly representative of the society that Australia is today.
From the Paper
"Many have argued that the Australian Constitution no longer performs this function effectively, and for this reason should be reformed. There are many ambiguities and inconsistencies in the role of the Constitution in today's society. These are apparent in the application of conventions, and the structure and roles of the Federal Parliament. The methods available to change the Constitution are limited, comprising mainly of referenda and High Court interpretations. Suggested areas of reform to bring the Constitution into the modern times include the implementation of a 'bill of rights' and a re-writing of the Constitution preamble. It is argued that the inconsistencies within the Australian Constitution can be most effectively addressed through the process of reform."
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Australian Constitutional Crisis, 2003.
An examination of the events of the consitutional crisis which occurred in Australia in 1975.
2,607 words (approx. 10.4 pages), 33 sources, MLA, AU$ 126.95
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Abstract
This essay concentrates on the events of 1975's consitutional crisis and whether or not Sir John Kerr exercised his reserve powers correctly. The paper includes an outline of a "direction of the future" showing how the reserve powers should be used in the future. In the 1975 supply crisis, some of Australia?s most controversial political decisions were made. The Governor-General (GG) of the time, John Kerr, made the decisions under the ?reserve powers?. Finally, a "direction of the future" is outlined on how the reserve powers should be used in the future.
From the Paper
"The Facts Under s53 of the Commonwealth of Australia Constitution Act (1990), the Senate has the power to reject or defer budget appropriation bills (money bills), which are required for the ordinary annual services undertaken by the government . On 16 October 1975, the Senate passed a declaration moved by Liberal Senator Cotton . The declaration provided that the Government?s money bills would not be passed until ?the government agreed to submit itself to the judgment of the people?."
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Reforms in the Australian Public Sector, 2006.
An examination of current reforms in the Australian public sector.
1,537 words (approx. 6.1 pages), 10 sources, APA, AU$ 81.95
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Abstract
This paper examines reforms recently made in the Australian public sector. The basis of the changes was modeled after the private sector, and building customer satisfaction. This model is analyzed and the various parties identified and discussed. The public sector in Australia and its reform is seen as in process and by no means complete. However, the awareness of paradigm shifts, management perceptions, and the recognition of public needs form a large part of the achievement of the necessary reforms. The Australian public sector, like many other places of business, is changing according to the needs of its times and its public. This is achieved through all levels of management with the collaboration of all stakeholders as one team.
From the Paper
"The managing out imperative, as seen above, has changed according to the changing needs of society and the public. Changing technological paradigms, as well as the increasing integration of the public sector with other service providers, has increased the complexity of public service provision (Mulgan 2004). This is why all managing roles have become vitally important to the success of the entire public sector. Middle managers play an especially important role, as they form the connection between top managers and the lower levels of the public sector on one level, and also between the public sector and its stakeholders and clients.
This is only one of the changes occurring during the last decades of the last century, and the first decade of this one. The very concept of leadership, as seen above, has changed from authoritarian to democratic and collaborative. The gab between public sector culture and public interest is a need that can be addressed by means of middle management."
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Fundamentals of Australian Democracy, 2001.
An analysis of the nature of the Australian government set forth by the Australian Constitution and reasons for disagreements over the style of government.
6,045 words (approx. 24.2 pages), 9 sources, AU$ 230.95
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Abstract
This paper poses two fundamental questions: 'what is the nature of government set forth by the Australian Constitution?' and 'why has there been such disagreement and disparity in the respective responses?' The paper is organized under the following headings: Organisation of a Liberal Democracy (Power, Legitimacy, Justice, Freedom) The Constitution (Hybridised Constitution, Constitutional-Institutional Relationships, Relationship ? Monarchy / Governor-General, Relationship ? The Executive, Relationship ? Commonwealth / States, The Referendum Process), Australian Federalism, and Responsible Government (Convention versus the Constitution, The ?Washminster? Mutation, Credibility of the Responsible Government Model).
From the Paper
"According to Emy, ?Australia is one of a small group of countries usually classified as liberal democracies. This is a distinctive type of democracy, one in which the ideas and values of a particular kind of Anglo-American liberalism have exercised a pervasive influence on the growth of political institutions over the past 150 years? (Emy & Hughes, 1988: 183). One of the first steps one can take in explaining how the Australian political system works, is to define the theory behind its operation, and to describe how its supposed to be organised. Therefore, we should give a brief account of ?liberalism? and ?democracy? insofar as these modes of thought have significantly influenced the overall shape and character of the Australian political system."
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Constitution Comparison, 2002.
A compare and contrast analysis of the U.S. Constitution with the Indiana Constitution.
826 words (approx. 3.3 pages), 3 sources, MLA, AU$ 47.95
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Abstract
This paper discusses the differences between the constitution of the United States of America and the constitution of the State of Indiana. One is a federal constitution that encompasses the general backbone of the legislative, judicial and federal system of the nation and the other abides by the general constitution along with running a constitution of it?s own for the stability and prosperity of it?s own populous. It examines the differences and similarities in structure and organization, how both constitutions respect and protect the right of its civilians and the different views on civil rights.
From the Paper
"The sphere that marks the end of the US constitution and the beginning of the Indiana constitution is when the general principles and articles that apply to the whole country end and a more microscopic view to the general principles are developed to suit the temperament of the people. For e.g. according to the Indiana constitution (Article 1 section 3),?That all men have a natural and indefeasible right to worship Almighty God, according to the dictates of their own consciences: That no man shall be compelled to attend, erect, or support any place of Worship, or to maintain any ministry against his consent: That no human authority can, in any case whatever, control or interfere with the rights of conscience: And that no preference shall ever be given by law to any religious societies, or modes of worship; and no religious test shall be required as a qualification to any office of trust or profit.?. While the same right of practicing one?s religion and the rituals in it were conservatively disregarded by the American Supreme Court when in 1990 it ruled against two American Indians who religiously smoked peyote. The American perspective on many issues has been noted to be conservative."
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"Taking the Constitution Seriously", 2005.
This paper reviews Walter Berns' book "Taking the Constitution Seriously", which examines the philosophical foundations of the Constitution of the United States.
1,245 words (approx. 5.0 pages), 1 source, MLA, AU$ 68.95
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Abstract
This paper explains that Walter Berns writes in "Taking the Constitution Seriously" that the philosophical fundamentals, which were infused into the Declaration of Independence, were directly responsible for the ultimate form the Constitution of the United States eventually took and for the moral perspective of the nation that was created. The author points out that Berns dispels the idea of many historians who doubt that the founding fathers of the United States seriously included the notion of self-evidentiary, unalienable rights as a launching pad for the nation but rather that the importance of these rights to the United States grew only over time. The paper relates that Berns discusses the elemental principles that backed the Declaration of Independence's position of natural and self evident human rights as argued by John Locke and Thomas Hobbes.
From the Paper
"This broad perspective sets the stage for Berns' handling of the segments of society that were understood to be unworthy or unwilling to enter into the social contract of the United States. The Tories are the first subset of colonial society that Berns addresses. To him, they occupy a unique place in the discussion of constituting the people of the United States because they categorically opposed the premises of the United States upon philosophical or political grounds. He notes that many were loyalists to the crown simply for personal and economic reasons and others for religious reasons--like the Quakers but the most interesting, to Berns, are those who were dedicated monarchists. They first two subsets of Tories were somewhat assimilated into American society, but he implies that the exile of the third subset was essential to the continuity of the United States."
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The Doctrine of Eclipse and the Indian Constitution, 2008.
Analyzes decided legal cases to study the doctrine of eclipse and the Indian Constitution.
4,965 words (approx. 19.9 pages), 16 sources, APA, AU$ 201.95
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Abstract
This paper defines the doctrine of eclipse and its relationship to the Indian Constitution. The author points out that, by virtue of this doctrine, the legislature can simply revive an inconsistent pre-constitutional law by amending the Constitution. This results in legislative inertia. Thus, the paper concludes the doctrine largely benefits the executive and not the people.
Table of Contents:
Introduction
Nature and Scope
Research Questions
Doctrine of Eclipse
Applicability of Doctrine of Eclipse with regard to Post-Constitutional Laws
Article 13(1) is Not Retrospective
Distinction between Unconstitutionality from Lack of Legislative Competence and from Violation of Constitutional Limitations on Legislative Power
Distinctions between Article 13 (1) and 13 (2)
Supreme Court Decisions which point out the Distinctions between Articles 13 (1) and 13 (2) of the Constitution
Distinction between Voidness in the case of Pre-Constitutional Law and Post-Constitutional Law
Amendment can Revive a Pre-Constitutional Law but not a Post-Constitutional Law Declared Invalid
A Critical Analysis of Doctrine of Eclipse
Conclusion
From the Paper
"The amendment to the Constitution can revive pre-Constitutional laws if it removes the inconsistency associated with that law. This is by virtue of the application of doctrine of eclipse on pre-Constitutional laws which were not still born and would exist though eclipsed on account of the inconsistency to govern pre-existing matters. In the case of post-Constitution laws, they would be still born to the extent of the contravention. This would mean that the doctrine of eclipse is inapplicable in this case. There is no scope for the revival of a post-Constitutional law by an amendment of the Constitution."
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Texas - A Good Constitution?, 2006.
An analysis of the the Constitution of Texas and how it compares to other state constitutions.
2,791 words (approx. 11.2 pages), 9 sources, MLA, AU$ 134.95
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Abstract
This paper discusses the Constitution of Texas. The paper also discusses the factors that influenced the creation of the Texan Constitution and points out that it both differs and resembles other state constitutions. The paper then attempts, through a close examination of the Texan Constitution, to determine whether those differences are positive or negative.
From the Paper
"But why these major attempts to re-write the current Constitution? As described in brief, the governor of the State of Texas is one of the least powerful of all American state governors. The strict limitations placed on the exercise of gubernatorial power means that there is no single, strong hand that directs the state administration. Power is divided among the governor and other elected officials, creating the unusual situation of a plural executive. The State is like a ship with several captains, each vying for control, each attempting to set the course of the vessel. It is easy for these officials to agree only on the most basic and straightforward of ideas and policies. The dividing up of the executive limits the chances that any one official will assuming absolute control, but it also works against any dramatic change - no matter how sorely needed. In effect, the entire Texas executive is an assembly; an assembly without any clear leader."
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The American Constitution, 2005.
This paper discusses the American Constitution as a living, evolving document, from guaranteeing the right to enslavement in the 18th century, to modifications in favor of freedom of slaves in the 19th century.
1,625 words (approx. 6.5 pages), 3 sources, MLA, AU$ 84.95
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Abstract
This paper explains that Frederick Douglass' argument, which characterized the American Constitution as an anti-slavery document, divided between free and slave states and territories, does not stand up to sustained legal and historical analysis of the original text of the American Constitution, as signed after the Constitutional Convention, and before the passage of the Emancipation Proclamation. The author points out that the first Constitution clearly was not an anti-slavery document, rather it functioned as the founding of a republic not a democracy, with a dim view of factional interests, including the rights of both slaveholders and slaves. The paper relates that the defenders of the American Union such as Abraham Lincoln used the Constitution to create an anti-slavery position leading to the passage of the Emancipation Proclamation.
From the Paper
"Slavery, Douglass stated, deprives an individual of his or her dignity, deprives an individual American of the right to dispose of his or her person as he or she sees fit, and lastly deprives a potentially educated American citizen of the right to read and to obtain an education, even if he or she possesses the intellectual capacity to do so, and thus is a violation of the principles of American democracy. Douglass demonstrates that even marriage becomes corrupt in the enslaved states, a mere institution of breeding rather than of Christian love as it ought to be for, "slavery provides no means for the honorable continuance of the race.""
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EU Constitution, 2005.
A look at the design of the EU draft constitution, its strengths, and its weaknesses.
2,924 words (approx. 11.7 pages), 6 sources, APA, AU$ 138.95
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Abstract
This paper investigates the details of the EU draft constitution. In particular, the paper seeks to critically evaluate the extent to which the draft constitution creates an institutional architecture that is both sustainable for the future of Europe and achieves an appropriate inter-institutional balance. The paper begins with a brief overview of the European Union and the nations that are a part of the entity.
Introduction
Overview of the European Union
Main Aspects of the Constitution
Opponents of the Constitution
Critical Evaluation
Discussion and Conclusion
From the Paper
"The architecture of the constitution is such that it does have the ability to grow and it also makes concessions for the addition of new nations into the union. In addition, the Union will be responsible for making decisions concerning the international community. This decision making ability will allow the European Union to make definitive decisions regarding support for military and humanitarian efforts throughout the world."
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Constitution of Texas, 2002.
A discussion of the flaws in the Constitution for the State of Texas and a comparison with neighboring states.
1,416 words (approx. 5.7 pages), 2 sources, MLA, AU$ 76.95
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Abstract
This paper examines how there is a never-ending debate over which amendments of the constitution of Texas need revision, either partly or completely. It looks at how the constitution of Texas was adopted in 1876 and since then has been revised 377 times and how because of this, in many ways it is considered ridiculous, outdated and often proves to be trivial and sometimes unworkable. It discusses how the constitution of Texas is basically far longer than any other constitution of the United States and contains huge unnecessary details and since it has been revised so many times, contains sections that are now meaningless. It analyzes how the continual change in the constitution only indicates the failure of the state to implement laws that are more realistic.
From the Paper
"Alabama, Colorado and Texas are all affected by this amendment which has undergone frequent revisions because the citizens of the states are not happy with the changes and fear the affect it would have on the state on a long-term basis. Many oppose the amendment of Section 49 of Article III, because they fear it will destroy the smaller units of the government, stop highway expansion and will make the state go into heavy debts since it might be unable to backfill the revenues lost to the local government bodies. Some also believe that it will cause the service districts, local governments and the date governments to fail since the state cannot spend more than 6% annually. This makes continuous backfilling impossible. The complete effect of this amendment in all three states will be disastrous because they will not be able to spend money on any of the services required by their constituency."
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The United States Constitution, 1992.
An examination of the philosophical and structural foundations of the Constitution. Special attention is given to the Constitution's authors and critics and to the ideas of Federalism and Anti-Federalism.
2,925 words (approx. 11.7 pages), 6 sources, AU$ 166.95
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From the Paper
"Introduction
The shape of the U.S. Constitution as it was developed at the Constitutional Convention in Philadelphia was certainly influenced by such factors as the colonial experience, the revolt against British rule, and the failure of the earlier Articles of Confederation. Yet, the ideas embodied in the Constitution had been taking shape for some time before any of these elements had come into being. Indeed, the ideas expressed in the Constitution derived from European theorists such as John Locke, Thomas Hobbes, David Hume, and Jean-Jacques Rousseau, though the manner in which these ideas were adopted by the colonists was influenced by the various elements of the colonial experience. The colonists had fled Europe precisely to avoid many of the legal features against which the Constitution would be written, such as..."
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The Proposed European Union (EU) Constitution, 2008.
This paper discusses the proposed European Union (EU) constitution, which failed to be ratified.
1,760 words (approx. 7.0 pages), 9 sources, MLA, AU$ 90.95
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Abstract
This paper explains that, with the impressive economic performance and harmony of the European Union (EU), it seems to be an excellent time to finally establish a constitution for this organization. The author relates that, in 2004, the 25 heads of state of the member countries signed a treaty establishing an EU constitution; however, each member country needed to approve it independently by their own national means. The paper describes that France and the Netherlands rejected this treaty through a referendum vote. The author points out that the most controversial aspect of the constitution was the creation of a foreign minister and a common foreign and defense policy. The paper stresses that, with the many diverse national interests of each of the 27 member nations, it is almost impossible to form a common foreign policy decision as exemplified by the drastically different policies for the war in Iraq.
Table of Contents:
Introduction
Major Points of the Constitution
Pro and Con Reasoning
Unpleasant Setbacks in France and the Netherlands
Future of the Constitution
Conclusion
From the Paper
"Many of the arguments for the constitution are outlined in the previous section discussing the contents of the constitution. As one can see, the argument for the constitution was based largely on making the EU a more democratic organization. Many of the pro camp also saw this as an opportunity to strengthen the European institutions in order to take on the many new member countries that were added in 2004. Furthermore, many believe that the main reason behind the constitution was to propel European unification even further."
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The Texas Constitution, 2007.
This paper examines the Texas Constitution, formed in 1876.
1,147 words (approx. 4.6 pages), 7 sources, MLA, AU$ 63.95
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Abstract
This paper offers a brief description of why the Texas Constitution of 1876 was enacted. The paper discusses the characteristics and outline of the Constitution, as well as the concepts of popular sovereignty, compact theory, limited government and separation of powers. The paper discusses how critics consider it unwieldy and restrictive and have made several unsuccessful attempts to replace it, yet the document continues to survive.
Outline:
Why the Constitution of 1876 was Enacted
Characteristics & Outline of the Constitution of 1876
The Major Concepts
From the Paper
"Texas joined the United States in 1845, following which a new Constitution was drafted that lasted until Texas seceded from the Union in 1861 at the start of the Civil War and adopted a new Constitution which prohibited the freeing of slaves besides requiring the State officials to take a pledge of loyalty to the Confederacy (Dye, 322). After the defeat of the Confederacy in the Civil War, the State adopted a new Constitution in 1866, which abolished slavery and repudiated the right of secession. However, "Radical Reconstructionists" in Washington pressured the Texans to adopt a more activist Constitution that reflected the ideals of the newly dominant Republican Party--to enfranchise blacks and to follow an activist social agenda."
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"On Reading the Constitution", 2002.
A review of the book "On Reading the Constitution" by Laurence H. Tribe and Michael C. Dorf.
1,217 words (approx. 4.9 pages), 1 source, MLA, AU$ 66.95
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Abstract
This paper looks at how the basis for American government and the American legal system is the U.S. Constitution. It discusses how although it might seem to be a simple document written in direct language, it has been subject to a wide variety of interpretations since the founding of the nation and how it is the task of the Supreme Court is to decide between different interpretations of the Constitution and its provisions. It shows how in their book "On Reading the Constitution", Laurence H. Tribe and Michael C. Dorf discuss what it means to "read" the Constitution and attempt to analyze what the document really means.
From the Paper
"The authors consider the history of the Constitution and what it says about the meaning that should be attributed to the document and the ways in which it should be read. They examine closely certain clauses in the Constitution to show ambiguities and ways in which different interpretations can be made of the same words. Examples from different cases are used to illustrate this fact, and an examination of the history of the Constitution shows how a given clause can be interpreted differently at widely separated times to turn the law one way first and then another way based on the same source. The authors also use a hypothetical situation to illustrate ways in which the Constitution might be read with reference to a question of federalism, showing how different clauses of the Constitution may conflict and how different interpreters may turn to one or another of the clauses for an answer. "
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New York State Constitution, 2002.
The road leading to the creation of the first New York State constitution.
4,185 words (approx. 16.7 pages), 11 sources, MLA, AU$ 179.95
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Abstract
This paper explores the process that resulted in the first New York State constitution. It first looks at the events leading up to the formation of the constitution and then discusses specific elements with the constitution itself. The paper also examines the influence of the United States constitution on the New York one and various amendments which have been made.
From the Paper
"The creation of New York State?s first constitution in 1777 is steeped in a rich and intricate history, sharing the historical stage with United States Constitution, which was undergoing is own genesis. While the United States Constitution reflected the sentiments of the national population, the New York Constitution helped to cement the ideals of a people that were distinct from the larger order. Indeed, New Yorkers were a different breed, which was evident from the inception of statehood as many personalities came forth."
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