Bakari C: What Constititional law is often overlooked that would have a positive impact on everyday citizen’s lives?
What Constititional law is often overlooked that would have a positive impact on everyday citizen’s lives if it were properly enforced?
How many Constitional laws are not enforced?
What are they?
What would the effects be if they were enforced?
Answers and Views:
Answer by I Like Beans
The right to bare Doritos
Well my knowledge is limited to UK constitutional law. There are a number of constitutional laws that are not enforced.. these are known as “conventions.” It’s difficult to determine the precise meaning of conventions, but many academics are of the opinion that conventions are merely customs. They are not legally binding and cannot be enforced by the Courts unless they are codified (i.e written into the Constitution). An example of a convention would be that any Bill of Parliament before it becomes a legislation, must receive the Royal Assent from Her Majesty the Queen. This is a convention because even if the Queen refuses to formally assent and the Bill has successfully passed the first and second reading with the required majority votes, technically, it can become legislation even if there is no Royal Assent because the Assent is merely a symbol. However, in practice, the Queen always assents. She has the right to be consulted but she has no right to refuse. There are many other conventions like collective responsibility, ministerial accountability.. any good textbook would have examples.
A constitutional law that is often overlooked I would think, is the rule of law- no one is above the law. This constitutional law is quite often abused. In theory, we’re all supposed to be equal in the eyes of the law.. in practice however, certain bodies like the police (for example) are protected from negligent suits and litigation action.
Answer by HawkeyeYou are looking at the Constitution wrongly, from the way your question is phrased.
The Constitution operates to PREVENT the creation and enforcement of certain laws which infringe upon YOUR inalienable rights. Stated another way, the Constitution is your protection as a citizen, from abuse by your government.
Thus the govt. doesn’t “enforce” the Constitution, the Constitution operates to stop the government from doing certain things.
That said, it is arguable that the Patriot Act violates your right to be free from warrantless searches, it is arguable that gun control laws of any kind violate the 2nd amendment right to keep and bear arms, it’s arguable that “free speech” zones that are set up at political events violate your right to speak your mind when and where you please. The list goes on…I’ll leave it up to you to guess what would happen if we stopped the government from (arguably) violating our “inalienable” rights…my guess is that we’d all be a little better off.
Answer by Tommy’s_GirlThe Bill of Rights is what is overlooked and needs to be enforced. The goverment has seemed to overlook them anymore, and think of what’s best for them.
EXAMPLE
1. You dont’ have the right to free speech, because usually somehow you get in trouble for what you say.
2. You can own a gun, but they are going to tell you how to store it, and where you can keep it, and if you can have one.
3. Police often search people’s homes, and get caught with no reason to be there. 🙂
There are tons more, if the would enforce the laws and human rights I think the world would run smoother.
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