VII of the Constitution. The High Court held that the impugned sections are beyond the power of the State legislature and therefore ultra vires. Aggrieved by the decision‚ the State has preferred these appeals. Issues raised: The trinity of points in controversy that were raised in this case were: a) Whether the Legislature has the required competence b) Whether or not the Legislature has the ancillary or incidental power to make provision for the levy and collection of such tax. c) Whether
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1. INTRODUCTION The phenomenon of political control over the public service in South Africa cannot be quantified as integral part of public administration and an essential ingredient of representative democracy. Bureaucracies are controlled in various ways. Mechanisms aimed at ensuring public accountability towards ministers‚ national assemblies‚ the courts may be instituted. The civil service may become politicized‚ so that it shares the ideological enthusiasm of the government of the day
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the necessary duties that congress needed to fulfill. The framers of the Constitution chose a bicameral legislature because they did not want all powers of the government concentrated in a single government institution as they would have been if a unicameral legislature was used. They feared it would lead to rule by oppressive or impassioned majority. They believed that a bicameral legislature would balance powers in congress so that neither chamber would ever gain tyrannical power. When making congress
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and the federal legislature on a matter in the concurrent legislature list ‚ and incosistency arises and as between the two laws passed ‚ the one passed by the federal government prevails and the law is rentered inoperative during the lifetime of federal law. The doctrine is a constitutional theory that applies in the fedral constitutions where legislative powers are shared between the federal lists. It applies only to legislative acts made by the federal and state legislatures under the concurrent
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According to our Constitution‚ India is a "sovereign secular socialist democratic republic." It has 28 states and seven Union Territories. With a population of approximately 112 crore‚ India happens to be the largest democracy in the world. Indian polity is a multi-party democracy‚ based on the adult franchise system of voting. That is any Indian citizen of 18 and above‚ who is not debarred by law‚ can vote in the Indian elections‚ at national‚ state and local levels. India is a parliamentary democracy
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He Asked for the Moon by Danny Hakim‚ John Eligon‚ and Thomas Kaplan explains the New York budget which was passed with the help of Governor Andrew Cuomo. It starts off with how last year rookie Gov. Cuomo accomplished a great deal by taming the legislatures up in Albany and passed against all odds the same sex marriage bill. However this year it was a totally different story. One of his promises during his campaign was that he wouldn’t allow gerrymandering district‚ however he had to succumb to that
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Explain the difference between parliamentary and presidential forms of government. What is the advantage of each? Discuss My essay today will be focusing on the differences between the parliamentary and presidential forms of government. I will be looking at the characteristics of each. I will also be looking at the key differences between the two government systems and lastly the advantages of each system. Characteristics of a Parliamentary Government There are certain factors that are common
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Parliamentary System In a democratic state‚ there are two types of government. Parliamentary system of government Presidential system of government Type of government is based on the relationship between the executive and legislature department. Parliamentary system: Parliamentary system can be defined as: “Representative system that features FUSION OF POWER rather than SEPARATION OF POWER between the executive and legislative institutions and power” Nature of this system: Parliamentary
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represents our government in different ways. The Senate is an assembly or a council of citizens having the highest deliberative and legislative functions in a government; while the House is a legislative or deliberative assembly. They are a two house legislature‚ and its mainly done for tradition. Even though they are the main powers of our administration they have different functions and rules. The United States government also has Bicameral Legislation‚ composed of or based on two legislative chambers
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that during the legislative process leading to the enactment of four health statutes‚ the NCOP and provincial legislatures did not comply with their constitutional obligations to facilitate public involvement in their legislative processes as required by the provisions of s72(1)(a) and 118(1)(a) of the Constitution respectively. The respondents maintain that the NCOP and provincial legislatures complied with the duty to facilitate public involvement and also argue that the scope of involvement envisaged
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