What is Rule of Law?

The term “Rule of Law” is derived from the French phrase ‘La Principe de Legality’ (the
principle of legality) which refers to a government based on principles of law and not of men In
a broader sense Rule of Law means that Law is supreme and is above every individual. No
individual whether if he is rich, poor, rulers or ruled etc. are above law and they should obey it.
In a narrower sense the rule of law implies that government authority may only be exercised in
accordance with the written laws, which were adopted through an established procedure.

The credit for developing the concept of Rule of Law goes to Professor A.V. Dicey who in his
classic book “Introduction to the Study of the Law of the Constitution” published in the year
1885 tried developing the concept of Rule of Law.  As per Dicey no man is punishable or can be
lawfully made to suffer in body or goods except for a distinct breach of law establishes the fact
that law is absolutely supreme and it excludes the existence of arbitrariness in any form.
Dicey’s late nineteenth-century restatement of the rule-of-law doctrine comprised three
elements
1. that the state possesses no ‘exceptional’ powers and
2. that individual public servants are responsible to
3. the ordinary courts of the land for their use of statutory powers

DICEY’S THEORY of Rule of Law consists of three main principles

1. Absence of Arbitrary Power or Supremacy of Law:

Dicey was of the view that all individuals whether if he is a common man or government
authority are bound to obey the law. He is of the view that no man can be punished for anything
else than a breach of law which is already established. And also that the alleged offence is
required to be proved before the ordinary courts in accordance with ordinary procedure.

2. Equality before Law: 

As per Dicey Rule of law, in the second principle, means the equality of law or equal subjection
of all classes of people to the ordinary law of the land which is administered by the ordinary law
courts. In this sense rule of law conveys that no man is above the law. Even the Government
Officials are under a duty to obey the same law and there can be no other special courts for
dealing specifically with their matters.

3. Constitution is the result of the ordinary law of the land: 

As per Dicey, in many countries rights such as right to personal liberty, freedom, arrest etc. are
provided by the written Constitution of a Country. But in England these rights are a result of the
judicial decisions that have arisen due to the conflict between the parties. The constitution is not
the source but the consequence of the rights of the individuals.

Difference between ‘Rule by Law’ and ‘Rule of Law’

Rule by Law:
Rule by law’ simply means rule by any law which is laid down by the supreme law making
authority of that country. One is not concerned about what the law is or what its purpose is. In
most of the dictatorships and monarchies, there is a set of laws through which the justice is
administered. But, in such countries, rule of law does not exist.

Rule of Law:
Rule of Law means that Law is supreme and is above every individual. No individual whether if
he is rich, poor, rulers or ruled etc. are above law and they should obey it.

Two System of Law and Court Governing the same territory:

The concept of rule of law was developed by Dicey after he observed the development of law in
France. At that particular point of time, France had two system of laws and two system of courts
governing the same territory and the same group of people. One system was known as the Civil
Law System. It was the law which was passed by the Parliament. It governed the relationship
between the people inter se.
The second system was ‘droit administration’ which was a system especially designed by the
government to decide the disputes between the government, government servants and the people.
The law which was applied there was not that which was passed by French Parliament. It was
developed by the highest administrative court on a case to case basis. If there was some kind of conflict
between a common man and the government, the matter went to the administrative court. It was a part of
the administration. Therefore he said that it is a rule according to law. It is not a ‘rule of law’ and
hence justice is not being done to the people. He came to the conclusion that in England, there is no
administrative law and in England, the fundamental principles of the British Constitution are two:
1. The Supremacy of the British Parliament
2. Rule of Law

Essential Characteristics of a ‘Rule of Law’ Society

There are several important characteristics of the rule of law

(1) Pre-eminence of Law:

One characteristic is that no person may be punished or made to suffer unless the person has
committed a distinct breach of the law. This characteristic of the rule of law is related to another
legal principle; that a person is innocent until proven guilty. What this means is that there must
first be a law enacted which creates the offence. This is one of the reasons why laws are made, so
that a citizen knows what he or she is prohibited from doing. If there are no clear set of laws, a
person will not know if he or she is committing an offence. The person alleged to have
committed that offence must be charged and the charge must be proven by an independent
tribunal, such as a court, before the person can be punished.
(2) Rule of Equality:
Another important characteristic of the rule of law is that every person is equal before the law.
Equality before the law means that the law must not be based on the class of the person. It also
means that every person must be entitled to equal protection of the law. If a person who holds
power has committed a wrong on a citizen, the citizen must be allowed to seek redress from the
person in power. There can be no exclusion from the application of the law based on class or
social status,
(3) The Principle of Accountability:
Everybody must be under the same law and no matter how high a person is, the law must always
be above him. No special privileges and immunities should be given to any special person.
Everybody must be accountable for the violation of law and must be accountable to the ordinary
system of courts

(4) Pre-eminence of Common Law:

Dicey talked about the fundamental rights of the people. Rule of law means that the law should
be based on the concerns of the Human Rights. If a law violates human rights of the people, then
there is no rule of law. Law must honor the fundamental rights of the people and those rights
must not be protected by any document. Those rights must be protected by accepting the customs
and the traditions of the people.

The rule of law is universal. It is part and parcel of most legal systems in the world. It is an
important bedrock of modern democracies. At home, the rule of law is embedded in our own
legal framework by the provisions of the Federal Constitution.
For example, Article 5(1) of the Federal Constitution provides that no person shall be deprived of
his life or personal liberty save in accordance with law.
Article 8(1) meanwhile provides that all persons are equal before the law and entitled to the
equal protection of the law.
A country where there is no rule of law, is a country that inches ever closer to a failed state. It is
therefore important for us as citizens to ensure that the rule of law is adhered to by the State and
those who purport to act in its name.

If the law of any country is based on the above-mentioned four principles, it will be a ‘rule of

law’ society and if not, it will be a ‘rule according to law’ or ‘rule by law’ society.

Modern Conceptions of the Rule of Law
Today Dicey’s theory of rule of law cannot be accepted in its totality. The modern concept of the
rule of law is fairly wide and therefore sets up an ideal for any government to achieve. This
concept was developed by the International Commission of Jurists. Known as Delhi Declaration,
1959 which was latter on confirmed at logos in 1961. According to this formulation-
“The rule of law implies that the functions of the government in a free society should be so
exercised as to create conditions in which the dignity of man as an individual is upheld. This
dignity requires not only the recognition of certain civil or political rights but also creation of
certain political, social, economic, educational and cultural conditions which are essential to the
full development of his personality”.
According to Davis, there are seven principal meanings of the term “Rule of law:
(1) Law and order;
(2) Fixed rules;
(3) Elimination of discretion;
(4) Due process of law or fairness;
(5) Natural law or observance of the principles of natural justice;
(6) Preference for judges and ordinary courts of law to executive authorities and administrative
tribunals; and
(7) Judicial review of administrative actions.

So finally it may correctly be said that rule of law does not mean and cannot mean any
government under any law. It means the rule by a democratic law-a law which is passed in a
democratically elected parliament after adequate debate and discussion. Likewise, Sir Ivor
Jennings says –
“In proper sense rule of law implies a democratic system, a constitutional government where
criticism of the government is not only permissible but also a positive merit and where parties
based on competing politics or interests are not only allowed but encouraged. Where this exist
the other consequences of rule of law must follow”
Q.2. what are the leading principle and four distinguishing characteristics of
“Droit Administration?”

Droit Administratif
Meaning of Droit administrative French administrative law is known as Droit Administratif
which means a body of rules which determine the organization, powers and duties of public
administration and regulate the relation of the administration with the citizen of the
country. Droit Administrative does not represent the rules and principles enacted by Parliament.
It contains the rules developed by administrative courts.
 
Legendary French military leader Napoléon Bonaparte was the founder of Droit Administration.
He for the first time established ‘Conseil d'État’ which means the Council of State. He passed an
ordinance depriving the law courts of their jurisdiction on administrative matters and another
ordinance that such matters could be determined only by the Conseil d’Etat.
 
Three basic principles of Droit administrative:
1. The power of administration to act ‘suo motu’ and to impose directly on the subject the duty
to obey its decision.
2. The power of administration to take decisions and to execute them ‘suo motu’ may be
exercised only within the scope of the law which protects individual liberties against
administrative arbitrariness.
3. The existence of a specialized administrative jurisdiction. One speaks of administrative
jurisdiction because there decision relate to the superior control of the counseil d’Etat either
by means of appeal
This is principle laid down by the counseil d’Etat, that from administrative decisions. There is a
right of appeal to the counseil even where the law is silent or if it provides. That the tribunals are
the final authority.

 
Main characteristic features of droit Administratif. 
The following characteristic features are of the Droit Administratif in France:-
1. Those matters concerning the State and administrative litigation falls within the jurisdiction
of administrative courts and cannot be decided by the land of the ordinary courts.
2. Those deciding matters concerning the State and administrative litigation, rules as developed
by the administrative courts are applied.
3. If there is any conflict of jurisdiction between ordinary courts and administrative court, it is
decided by the tribunal des conflicts.
4. Conseil d’Etat is the highest administrative court.
 
  

Q. How the President of USA is elected. Describe in detail? 

Introduction:
The U.S Constitution provides for the presidential form of Govt. the farmers of the U.S
Constitution spent a lot of time in deciding upon the method of electing the president. After a
good deal of discussion they adopted a plan of indirect election of the President by electoral
college which is now embodied in Article II, sections 1, 2 and 3 of Constitution.

1. Qualifications for the President.

The Constitution imposes three tests on a candidate the presidency. 
a.         Age.    A candidate must not be less than 35 years of age. 
b.         Citizenship.     A candidate must be natural born citizen of the U.S.A.
c.         Residence.      He has resided in the country for at least 14 years before his election
d.         He is not a member of the congress.

2. Mode of Election.
The mode of election of U.S President is the indirect on the constitution provided that the
president should be elected by an electoral college consisting of as many presidential electors as
is the number of members in both the House of the congress.
3. Stages of Presidential Election.
In practice there are following stages of the election of U.S President.
a) Nomination of Presidential Candidates.
The candidates are the presidency are nominated by the parties. Since 1832, the two
major parties i.e the Democrats and the republicans have established the practice of
choosing their representatives at national conventions.

b) Campaign.
After the nominations of the Presidential Candidates and their subsequent election by
their respective party conventions, nation-wide presidential campaign starts. The parties
set up national and states committees and open headquarters in two great cities. Each
party issues a campaign text-book which contains the party platform, the biographies of
the candidates and other material required for propaganda purpose.

c) Nomination of Presidential Electors.

The next stage is nomination of the presidential electors in the several states. These
electors are important party leaders.

d) Election of Presidential Electors.

The next stage in the Presidential election falls in November of the election year when
presidential electors are to be elected. Section I of the Article II of the Constitution of
U.S.A deals with the election of presidential electors (Electoral College)
 
4. Number of Presidential Electors. The Electoral College consisting of as many presidential
electors as is the number of members in both the House of the congress. At present there are to
be 538 members in the Electoral College as the House of representative and senate consist of 438
and 100 members respectively.
 
R. Representation Made by Each State. Each state is to appoint as many electors as, it has
senator and representatives in the congress.
 
6. Method of Election. The method of election of Presidential electors has been left to be
determined by the state legislature concerned. To begin with, they were elected by the state
legislature, now they are elected by the people of the state concerned.
 
7. Election of President by Electors. The Presidential electors meet in the capital of each state
on the first Monday after the 2nd Wednesday in December and record their votes for the
Presidential candidates.
 
8. Voting. A certificate of election is then sent to the chairman of the senate by each state on 6th
January, the congress meet in a joint Session, where votes are counted. The person securing an
absolute majority of votes is declared elected. To secure absolute majority, a candidate must
receive 270 of 538 votes.

9. Installation. After his election, the new president is installed into office on January 20 of the
ensuring year by taking the oath of office.

10. Term of Office. The presidential term is four years and according to the 22nd amendment a
president can stand for re-election only once.

11. Salary of President. The US president receives a salary of $ 200000.00 a year and extra
$50000 for expenses, occupies an official resident and enjoy other privileges such as travel and
official entertainment allowances.  

12. Succession. If the office of president falls vacant due to his death, resignation, impeachment
or inability to discharge the powers and duties of the said office the vice president succeeds to
his office for the remaining period of his term.

13. Conclusion. In practice American president is directly elected by the people the 
Q. What is the composition and function of the "House of Representative" under the US
constitution?

 
Introduction:
The House of representatives is the lower House in US congress and if the senate is House of the
state, the House of Representatives are the House of people. The framers of the constitution
intended the House of represent the multitude (Huge Number), the common people.

Composition. 
Originally, the house of representative consisted of 65 members only. With the passage of time
and the growth of population the strength of the House began to increase. However the same has
been finally fixed at 435 by an Act of 1929.

Election & Tenure of Office. 

The representatives are elected for a short term of two years. They are elected by the people
through adult franchise. Tenure of the House can neither be increased nor decreased.

Qualification for Membership. 

In order to be eligible to become a member of the House of Representatives:-
a.         The candidate must be at least 25 years of age.
b.         He must be a citizen of America.
c.         He must be a resident of America for at lease seven years.
d.         He should be a citizen of the state from which he is seeking election.
e.         He must not hold any office of profit under the government of USA.

Presiding Officer. 
The House of representatives is presided by a speaker which is chosen by it members, when the
new congress meets for the first time. He often takes part in the debate & favors the party he
belongs. Infect he is the leader of majority party and he is not a neutral person.

Sessions.
The House of representative meets at least once in every year. The president may however call a
special or extra ordinary session of the House.

Privileges of the Representatives. 

The Members of the House of Representatives are entitled to the following privileges:-
a.         They enjoy of freedom of expression on the floor of the House.
b.         They cannot be questioned in a court of law for anything said in the House.
c.         They are exempted from impeachment.
d.         They are paid regular salary which is free from income tax.
e.         They are entitled to raveling allowance to attend the sessions in addition to other
allowances permissible under the rule.
Powers and Functions. 
Since USA has a presidential form of Government. Its lower chamber does not play that vital
role, which a lower house in a parliamentary form of Government is expected to play. The power
of house of representatives are as under:-

a. Legislative Powers. 
It enjoys co-equal and co-ordinate authority with the senate in the domain of legislation
ordinary bills can be initiated in either of the chambers.
b. Financial Powers
The constitution specifies that the revenue bills must originate in the house of representative.
c. Executive Powers.
The only executive power the house possesses is that alongwith senate it can declare war and
conclude peace.
d. Judicial Powers. 
The House of representatives participate in impeachment cases as it is empowered to frame
charges against the President or other civil officers.
e. Constitution Amending Powers. 
The house participates in the amendment of the constitution. The proposals for amendment
are too made by 2/3 majority in both the house of the congress.
f. Electoral Powers.
It decides the election of the President when no candidate secures an absolute majority of
votes. It elects one out of three candidates securing the highest votes.

A Weak House. 
House of representatives is a weak house. It plays a second fiddle to the upper chamber, the
senate. Following are the reasons or causes of the weakness of the house of representatives: -
a. Powerful Role of Senate.
Unlike the other countries, the upper house the senate enjoys co-equal powers in the sphere
of legislation and finance and is dominated by it.
b. No Executive Control. 
The executive is neither responsible to the House nor does it spring from it.
c. Short Term.
The tenure of two years for the House is very short. The members are too much engrossed
(engaged) in their election campaigns because of the shorter term.
d. Large Membership.
The membership of the House if very large and because of it here is a time limit on the
speeches.
e. Direct Election of Senate. 
The direct election of the senators also detracts the popular character of the House which is
otherwise the privileges of lower chamber.
f. Limitation on Freedom of Speech.
The debates in the House are limited unlike senate where freedom of speech is allowed
which enables the senators to do more justice to the debates.

g. No Leadership. 
Unlike the house of commons there is no leader of the House of representatives and a
spokesman of the Government from whom may emanate (Originate) the national policy.

Conclusion. 
To conclude I can say that the house of representatives represents the various sections of
America as it has a large membership. As compared to senate, it has less authority which makes
it a weak house.
 
 

Q. American Senate is the most powerful chamber on earth explain? OR

Q. Describe in detail the legislative procedure of the senate? 

Introduction.
The Senate is the upper chamber of the American Congress. It is a ‘very real and living force’ in
the American political system. The Senate has been organized on the basis of parity of
representation of all States. Every State, whether big or small, sends two representatives in the
State. No State, according to the Constitution can be deprived of equal representation in Senate
without its consent.

Composition. 
The Senate is composed of only one hundred (100) members. Each State, irrespective of
population and, or, area, sends two representatives to the Senate.

Qualification for Membership.

A person must possess certain qualifications to become of Senate. Viz.,

1. He must be thirty years of age.

2. He must be inhabitant of the State from where he intends to contest the election.
3. He should be resident of America for at least nine years.

Method of Election. 
Prior to 1913, the Senators were elected by the State legislatures but in that year the constitution
was amended. The 17th amendment provided that the senators shall be elected by the people of
the State directly. Thus, the Senators are directly elected by the people through universal
suffrage.
Tenure of Senate. 
The Senate is a permanent body and is not subject to dissolution Every Senator is elected for a
term of six years and one-third of the total number of Senator retires every two years.

Privileges of Senators.
The Senators are guaranteed the same privilege and immunities as are guaranteed to the members
of the House of Representatives. However, the Senators enjoy some special privileges in addition
to the routine on. Viz.

1. Members of the Senate cannot be removed by impeachment.

2. They cannot be arrested during the sessions, save on the charge of gross misconduct,
treason or threatening public peace.
3. The Senators enjoy unrestricted freedom of speech in the House. Any Senator can speak
on any issue or any bill for any length of time. He may talk, even, on a bill over to death.
This technique is termed as Filibustering.

Sessions.
The constitution requires that both Houses of the Congress must meet at least once a year. The
President, however, can summon special or extra-ordinary sessions. The sessions of both the
House began and end simultaneously.

International Composition of Senate.          

Presiding Officer. 
The Vice President of the United States is legally the Presiding officer to the Senate. In the
absence of the Vice-President the Senate is presided over by ‘President Pro-tempore’, who is a
member of the majority party. The President Pro-tempore is elected by the Senators from among
themselves.

Committee.
Most of the work of the Senate is done by its committees consisting of its members. Chairmen of
the committees are always senior members. All questions before the Senate are referred to the
appropriate committee for its advice & opinion.

Powers and Functions.

The senate shares equal powers with the House of Representatives in respect of legislation, while
it shares with the President certain administrative powers.
a. Legislative. 
The Senate enjoys vast legislative powers. It has equal power in ordinary legislation with
House of Representatives except that a Money Bill must originate in the House of
Representatives. However, the Senate can amend a Money Bill as much as it like.
b. Executive Powers
(1) Aid and Advise the President. 
The Senate provides aid and advise to the president in the discharge of his executive
function.
(2) High Appointment. 
All high Appointments made by the president are subject to the consent and advice of the
senate.
(3) Control the Internal Administration. 
The Senate controls the internal administration of the country.
(4) Investigative Power. 
The Senate appoints committees on investigation for the purpose of finding out result of
the Administration of the president.

c. Electoral Power
(1) Election of the Vice-President. 
The senate decides the vice-presidential election when no candidate gets an absolute
majority of votes in the election.

d. Judicial Powers
(1) Court of Impeachment. 
Senate is court of impeachment of president Vice President and other high officials in
America.
(2) Appointment of Judges. 
The Judges of the Supreme Court are appointed by the president with the consent of the
Senate.

Senate, the Powerful Second Chamber of the World. 

Senate is the most powerful second chamber of the world. Senate is a powerful body. It has
powers, functions, and influence which are possessed by no other second chamber in the world.

Causes of the Strength of Senate.

Causes of the strength of the Senate are as under:-
a. Direct Executive Powers. 
The Senate is only legislative organ in the world which has direct executive powers.
b. Small Membership. 
The membership of the Senate is small. It consists for the term of six years.
c. Long Tenure. 
The tenure of the house is long senators are elected for the term of six years.
d. Senior Politicians. 
The Senate consists of Senor politician of the country.
e. Direct Election. 
Constitution of the U.S.A has provided for direct elections of Senator by the people of
USA.
f. Freedom of Speech. 
The Senators have freedom of speech. A senator can go on speaking for any length of
time. Can go on speaking for any length of time.
g. Solidarity. 
The members of the Senate have solidarity and great unity which make the senate the
powerful organ.
h. Representation of the People. 
The Senate is the representative of the people in the USA.
i. Representation of the States. 
The Senators represent the states as political unit because members of the senate are
elected on the basis of entire population of the states.
j. Special Powers. 
The Senate has special powers which strength it value.
 

Q. Explain the Role of Congress in USA System?

Introduction: - 
The American congress is bicameral. The first article of the American constitution says that “All
legislative power herein granted shall be vested in the congress of the united sates which shall
consists of a senate and the House of representative. The congress of the united states is a
legislative body of the country. Its function is to make laws. The constitution of the USA has
made congress a powerful institution. Another consideration was that the bicameral system
would maintain the power equilibrium between the various units of the federation. Through the
provision for two chambers it was possible that atleast in one House all the stats got equal
representation, regardless of the size or population.

Composition. 
Congress of the united state has two houses which composes the congress, same are given below:
-
a.         Senate
b.         House of Representatives

Powers and Functions of Congress. 

Following are the main functions and powers of US congress:-
1. Legislative.
1.  Regulation of Monetary (Financial) System. 
Congress of united states has power to regulate monetary system of the country.
2. Formation of Armed Forces. 
The congress determines the extent nature and organization of Armed Forces of
the United States.
 3. Collection of Tax.
Congress has power to levy and collect taxes, duties and excises.
4. Law Making.
The congress has power to law making regarding commerce and trade.

2.  Executive.      
1. Making of Treaties.   The congress has power to make treaties.
2. Appointments. Congress shares the power of president of appointment.
3. Creation of New Department.  Congress has power to create new department in
the country.
4. Fixation of Salaries and Functions.   Congress fixes the salaries and function of
the offices and departments of Government.

3. Judicial.         
1. Composition of Supreme Court.
Congress determines law for the composition of the supreme court.
2. Determination of Appellate Jurisdiction of Supreme Court.
Congress determines the appellate jurisdiction of the supreme court.
3. Impeachment of President and Others.
Congress can conduct proceedings of impeachment against the president, ice
president and the speaker.
4. Confirmation of Presidential appointments.
Congress confirms the appointment of judges of supreme court made by the
president.
5. Creation of Courts.    Congress can create inferior federal courts in country.

4. Electoral.
1. Counting of Votes.
Congress meets every four year to counts votes cast for president and vice
president.
2. Election of President and Vice President.
If no candidate secure absolute majority congress elects out of three securing
highest votes.

5. Inherent.        
1. Admission of New States.      The congress has power to admit new state.
2. Declaration of War.   Congress can declared war.
3. Treaties.         Congress can make treaties with the foreign countries.
4. Maintenance of Diplomatic Relation.           Congress maintain diplomatic
relation which other countries.
 6. Emergency.    During the time of national crises congress has emergency powers. These
powers are inherent in national government and therefore, unlimited.

7. Amendment.   A proposal for constitutional amendment may be initiated by the congress

with the two third majority in each house or by the special convention called by the
congress.

8. Investigation. Congress perform investigative functions through regular standing

committee and by special committee setup for the purpose.

9. Financial. Congress alone has power to grant money to the federal government. All bills
of revenues are initiated in lower house.
 

Distinctive Features of the Working of the Congress.       

a.         Absence of Leadership of the Executive.    
There is neither any government nor any opposition in both houses of the congress.
b.         Legislative Initiative.
Legislative initiative is in the hands of the private members bills are usually moved by
the private members.
c.         Burden of Work.
Congress has to deal with an enormous amount of business. It also deal with all sort of
problems concerning international and natural level.
d.         Lobbying.
The legislative work of the congress is also affect by lobbing. These lobbyists vigilantly
guard the interest of industrial organization which they represent. These lobbyists protect
their rights.
e.         Role of Committee.
Committees plays a virtual role in the legislation. All the bills are referred to the
committee.
f.          Position of Upper House. 
The upper house of the congress which is know as senate has domination over the lower
house.

Conclusion.     At the conclusion we can use the words of Earnest S.Griffith “that the congress
of the united states is the World’s best hope of representative Government”. The legislative
powers of both of the house are equal but in effect the senate is more powerful than the house.
Q. Explain the Jurisdiction of the US Supreme Court? OR
The USA Supreme Court has been instrumented in keeping the constitution upto date Explain?

 
Introduction: -           
The Supreme Court of the United States in one of the most important organs of the Government. It is ordained
by the Constitution.

Organization of the Supreme Court. 

The American constitution does not fix up the number of the Judges of the Supreme Court. At first, it consisted
of one Chef Justice and five Associate Justices but since 1869, it has consisted of one Chief Justice and eight
Associate Justices, i.e, nine in all.

Appointment of Judges.        
The Judges of the Supreme Court and other federal courts are appointed by the President with the approval of
the Senate. Judges of the Supreme court have been known politically to be Democratic or Republicans; their
judgments have also been influenced by their party ideology. But they have never had active party affiliation
after appointment on the Court.

How Cases May Come Before the Supreme Court.           

Cases may be brought before the Supreme Court in either of two ways by original suit or by appeal. The
constitution confers on the court only original jurisdiction and appellate jurisdiction has been conferred by acts
of Congress.

Jurisdiction of the Supreme Court.              

Judicial power of the court extends to all the cases in law and equity arising under the US constitution, the laws
of the United States and treaties made under their authority. The jurisdiction also extends to all cases affecting
ambassadors or other public ministers and consuls, to all cases of admiralty and maritime jurisdiction.
 
a.         Original Jurisdiction. 
In the original jurisdiction of the Supreme Court that is, authority to hear cases in the first instance is
limited by the constitution to cases involving ambassadors and other diplomatic agents and cases to
which the union and a state or states are parties. The supreme Court has original jurisdiction in such
cases also where the validity of any national or state law is questioned.
 
b.         Appellate Jurisdiction.          
The appellate jurisdiction of the Supreme Court is by far the largest part of its functions. This is made
up of cases appealed from the lower federal courts and from the state courts. The appellate jurisdiction
of the Supreme Court has been determined by the Acts of the Congress.
Role of the U.S Supreme Court.      
The U.S Supreme Court has played a vital role in evolution and development of the American political system.
 
a.         Through its power of judicial review it has protected the constitution from being violated and check-
mated the monarchical ambitions of the President and recklessness of the Congress.
 
b.         Though its power of issuing writs, it has safeguarded the rights of the people from al sorts of
encroachments.
 
c.         Through its interpretation, it has updated the U.S Constitution, to meet the changing needs of the times.

Powers of the Supreme Court.         

Article III of the Constitution provides, “Judicial power of the United States shall be vested in one Supreme
Court”. The area of the court power includes.
 
Judicial Review.        
The most effective power in the hands of the Supreme Court is judicial review. The American Constitution did
not expressly give the power of judicial review to the Supreme Court; it acquired it in the case of Marbury vs.
Madison. The Supreme Court has may times used its power of judicial review and declared many laws passed
by the Congress as unconstitutional and hence null and void. Due to this, the Supreme Court is called ‘the
Super legislature.’
 
Power of Statutory Interpretation.   
The supreme Court of the U.S.A has the power to interpret the statutes or laws passes by the Congress. In
many cases, the Congress passes the law in an ambiguous manner leaving the responsibility of interpretation to
Courts or executive. This is done because of the political pressure as some times Congress has to pass law in
which it cannot compromise the diverse interests of the people or pressure groups.
 
Boundary Maintenance.        
Another power of the Supreme Court is to maintain the boundary among different institutions. The supreme
Court settles the issues involving activities on the perimeter of the legitimate and accepted domain of particular
institutions as might occur in the relationship between the President and Congress or between National
government and State governments.
 
Conclusion.    
The U.S Supreme Court enjoys the most prestigious position in the judicial set-up. It interprets not only the
Constitution but also judges the validity of the law of the Congress, the administrative policies and executive
decrees in the light of the Constitution. It can declare any of these invalid if found repugnant to the
Constitution.

Introduction: Written Constitution

 A written constitution is normally supposed to mean a document or a
collection of documents in which the basic rules regarding the main organs
and institutions of government are clearly laid down.
A written constitution is a deliberate creation and it is a consciously planned
system. It may be created by a constituent assembly or a convention.
A written constitution may be single document having one date. Such is the
case of India, Myanmar and United states

Merits of a Written Constitution

1. The most important merit of a written constitution is that it is very definite. There is

not uncertainty. The constitution provides all fundamental principles in written and people can

refer to it as and when they want. As the powers and organization of the various organs are

well defined there is very little scope for confusion and disputes. If a dispute arises it can be

referred to the judiciary.

2. As written constitution is drawn with great care and after long deliberation. It means it

is the result of experience and knowledge. There is no place for temporary emotions and hasty

decision.

3. A written constitution protects the rights of the individuals. Rights are incorporated in

it making them superior to the ordinary law and saving them from being change by different

government from as they wished.

4. It checks the constitution from being twisted and turned according to popular whims

and emotions. This gives a guarantee of stability.

5. A written constitution is stable and guides through difficult situations. It is more

suitable for emergency period.

6. For a federal government written constitution is more suitable because there is

provision for the central and state power separately

Introduction: Unwritten Constitution

 An unwritten constitution reflects the evolutionary nature of free
documentation of the rules and regulations. First they are practiced and then
by continuous practice, they become part of the constitution. The
constitution of Britain is the best example of an unwritten constitution.
Unwritten constitution is the result of long process and natural growth of
political constitutions of the country. There are no single
document/documents, which contain it; though many sources may be found
describing it. There may be some written documents but their proportion is
much smaller than the unwritten elements.
Merits of Unwritten Constitution

1. They are quite easily adaptable to changing circumstances. Law can be added as and

when required. There is no limitation of any pre-documented constitutional law. Thus they are

progressive.

2. They are flexible and people can bring about changes without undertaking revolutions.

As these constitutions evolve themselves with the changing time, public opinion finds suitable

place in constitution and it terminates possibility of revolution.

3. Unwritten constitution can undergo changes, without basic framework being sidelined.

This is useful especially in case of unforeseen situation.

4. Historically they seem to stand the test of times and keep up the traditions of a nation

state as it is said about the British constitution that it has unbroken history. It’s a continuous

process of development.

The following are the differences between the written constitution and the
unwritten constitution
Written Constitution
Unwritten Constitution

Written constitution is found in legal An unwritten constitution consists of

documents duly enacted in the form of laws. principles of the government that have never
been enacted in the form of laws.
It is precise, definite and systematic. It is It is unsystematic, indefinite and un-precise.
the result of the conscious and deliberate Such a constitution is not the result of
efforts of the people. conscious and deliberate efforts of the people.
It is framed by a representative body duly It is not made by a representative constituent
elected by the people at a particular period assembly. So, it is sometimes called an
in history. evolved or cumulative constitution.
 Written Constitution
Unwritten Constitution
It is always promulgated on a specific date It does not have a specific date, as it is
in history. evolved in course of time.
The Constitution of India is the best example The constitution of England is the best
of written constitution (promulgated on 26th example of an unwritten con stitution.
January 1950)
A written constitution is generally rigid and Unwritten constitution is not rigid and its
its amendments need constitutional laws.   In amendments DO NOT need any laws.   In other
other words a distinction between words a distinction between constitutional law
constitutional law and ordinary law is and ordinary law is NOT maintained.
maintained. The first is regarded as superior
to the second.
A written constitution may also be termed as Unwritten constitution may also be termed as
an enacted constitution. an un-enacted constitution.
The evolution of Indian constitution started The foundation of the English Constitution
during the British rule in India. Indian was laid in the 13th century by King John,
constitution was framed by constituent who issued the first charter of British freedom
assembly with a group of members who known as the Magna Charta. Since then it has
pursued to improve the existing conditions been in the process of making through
prevailing in India and other countries conventions and usages.