Constitutionalism in Federal and Unitary Governments

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What is the main focus of constitutionalism as understood during the time of Plato?

Limiting government powers and ensuring they are exercised on behalf of the people

What type of limitations does Article 78 of the Constitution impose on the power of the President to appoint Ministers?

Institutional limitations

What do articles 106 and 11(7) of the Constitution specify?

The procedure to be followed in passing legislation

What does a responsible government refer to?

A government that is accountable to the people

What is the purpose of a fair and public trial according to the text?

To ensure that justice is done and seen by all persons

What does the Declaration of New Delhi specify as one of the conditions for societies practising rule of law?

Right to a remedy for every breach of a right or the law

In the case of R v Sussex Justices; ex parte McCarthy, why was the decision set aside?

The clerk of one of the judges belonged to a firm of solicitors prosecuting a civil claim in the same case.

What scenario will disqualify a judge from sitting, according to the principle of Nemo iudex in causa?

Foreknowledge of the facts in issue

Why does the rule of Nemo iudex in causa apply when the decision maker is related to one of the parties to the case?

To prevent any preconceived notions from influencing the decision.

According to Nemo iudex in causa, what would disqualify a judge from sitting based on foreknowledge of facts?

Expressing a bias through comments, gestures, or attitudes.

Explore the concept of constitutionalism in both federal and unitary governments, understanding how effective restraints ensure that government functions according to pre-determined rules and limits governmental activity. Delve into the historical origins of constitutionalism and its significance in upholding the supremacy of the people's liberty and interests.

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