Essentials of a written constitution : A written constitution is a supreme and fundamental law. It is supreme in the sense that it is harder to change than ordinary law and prevails over ordinary law in case of incompatibility. It occupies a place at the apex of the hierarchy of legal norms, as the lex … Read more

Strength and weakness of different types of constitutions : This is a big question for an important document. From my perspective, which is not an expert one.Even though this is one of the greatest documents outlining citizens rights in history, it does have some points where it is both strong and weak. Elements of Strength … Read more

Nature, necessity, and origin of constitutions. The term “constitution” When applled to the state may connote both a physical and a legal Concepcion the former sense it has reference to the totality of constituent elements which enter into the physical make-up of the state, land, people, institutions, government machinery, etc. In this sense the term … Read more

Types of republican executives. The Presidency of the United States.-If we leave aside the Swiss executives, which is sui géneris because of its collegial organization and its peculiar relation to the legislature, the existing executives of republican states fall into three fairly well differentiated classes, American, French, and German. The American type includes the presidency … Read more

Relation of the executive to the legislative power. Power of the Executive in Respect to Legislation:-The relation of the supreme executive to the legislative organ, said Sidgwick, : “is one of the knottiest points in constitutional construction.” and it is the nature of this relationship which serves to distinguish the two most important forms of … Read more

Nature of the Executive Power : What is the best constitution for the executive department and what are the powers with which it should be intrusted, said Judge Story, are problems among the most important and probably the most difficult of solution of any involved in the theory of free governments. The first of these … Read more

The term of the chief executive. Views of Hamilton and Story :- “The ingredients Which constitute energy in the executive, said Alexander Hamilton, are first, unity, secondly, duration, thirdly, an adequate provision  for its support, fourthly, competent powers.” while those which constitute safety in the republican sense are, first, a due dependence on the people, … Read more

Methods Followed : Four different methods of choosing the chief executive have been followed in practice first, the hereditary principle, second, direct election by the people, third, in direct election by a body of intermediate electors, themselves either popularly elected or chosen by some branch of the government and, fourth, election by the legislature. In … Read more