Pre-University (CIE) Comparative Government: Specimen Questions with Answers 40 - 41 of 53

Passage

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The English constitution is entirely unwritten. There are certain charters, petitions and statutes in which certain principles of the constitution have been embodied in writing. The British constitution have been derived not from a single source but from different sources.

Question 40 (2 of 2 Based on Passage)

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Short Answer▾

Differentiate between Statutes and Common Law of English constitution.

Explanation

  • The important source of the English constitution lies in the statutes (laws) passed by the parliament from time to time. The British parliament is fully empowered to repeal or amend these statutes whenever it likes. Some of the important statutes of the British parliament are; Reforms Act Of 1832, Parliament Act Of 1911, Representation of People՚s Act 1918 And 1928, Statute of Westminster Act 1831.
  • Common law – Common Law consists of all those important rules and important principles which are the product of slow process of long historical growth. They are based upon the customs and traditions of English societies and later on recognized by the courts of the country.
  • The prerogatives of the Crown, the right of trial by jury, the right of freedom of speech and assembly, the right of redress for torturous acts of governmental officers, rests almost on common law.

Question 41

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Essay▾

What do you understand by Federal Guarantees of the States in USA?

Explanation

In order to strengthen the position of state in the federal system, the constitution imposes certain obligations in the federal government viz respect for their terrestrial integrity, guarantee for a Republican form of government and protection against invasion and domestic violence. Here is the brief explanation of these guarantees.

  • Respect for territorial integrity: The federal govt. has been required to respect territorial integrity of the states. no states can be, made to lose its territory save by its own consent.
  • Guarantee of a Republican form of Government: the Federal govt. guarantees to every state a Republican form of govt. however, the constitution has not elucidated the word “Republican” . Hence, it has been subjected to varied interpretations. The Supreme Court has refused to pronounce its judgment on the matter which is political rather than constitutional or judicial. The President or the Congress can also give their interpretations.
  • Protection against invasions and civil commotion: the constitution enjoins upon the Federal Govt. to protect each of the state against invasion and on the application of the legislature or of the executive against domestic violence.
  • Obligation of states towards Federal Government. : the states also owes certain obligations towards the federal govt. the states are required to conduct elections to federal offices as the constitution does not make provision for a separate federal election machinery.

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