Free Constitutional Law Essays

Excerpt: To what extent will the Constitutional Treaty, if ratified, settle the problems of EU constitutionalism? 'It is pertinent to begin this work with a note to the effect that it is most unlikely that the Treaty establishing a Constitution for Europe, commonly referred to as the Constitutional Treaty, will complete the extended ratification process and pass into force in its current form. Given that the Treaty makes amendments to the Treaty of Rome and thus the very foundations and superstructure of the European Union legal order, it is necessary that it receives unanimous support from the member state signatories to the EU. Thirteen member states, including Germany, Italy and Spain, have already ratified the Treaty, but it has been rejected by France and the Netherlands after national referenda.'

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Excerpt: In his "Freedom's Law: The Moral Reading of the American Constitution", Ronald Dworkin has once again show that he is a firm defender of judicial review of constitutional rights. In this work, he made a new version of that defense believing that the idea which informs constitutionalism - the idea that government should be bound to certain rights by the very authority that structures and empowers its procedures. He also believes that this commitment should be enforced by the courts proposing that this idea is probably the most important contribution to political theory.

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Excerpt: To investigate the proposition, 'there is no clear agreement about what amounts to a constitutional convention', firstly, will require a look at the different definitions of what amounts to a constitutional convention, and to discuss their function or purpose, within the U.K's constitution. Furthermore, it will be necessary to identify and consider the different examples of constitutional conventions and also examine their characteristics. Once, established, then and only then, will it be possible to discuss further whether or not it would be possible or even useful, to change constitutional conventions into legally binding rules.

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Excerpt: The Magna Carta is often thought of as the corner stone of liberty and the chief defence against arbitrary and unjust rule in England. In fact it contains few sweeping statements of principle and is a series of concessions wrung from the unwilling King John by his rebellious barons in 1215. However, Magna Carta established for the first time, a very significant constitutional principle: that the power of the king could be limited by a written grant.