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Constitutional Institution
A constitutional institution, constitutional body or constitutional organ is a government institution created by a constitution. As these institutions derives its powers, duties and responsibilities directly from the constitution, which is harder to be amended by legislature compared to sub-constitutional laws, their status is rather more stable and independent than institutions created by sub-constitutional laws. Role of the constitutional institutions inside government reflects each constitution's national context and identity. For example, according to the German constitution, only five institutions are regarded as constitutional institutions (german: Verfassungorgane) in German federal government, reflecting classic structure for separation of powers; ' Bundesrat' and 'Bundestag' of German legislature, President and Cabinet of German executive, and Federal Constitutional Court of German judiciary. However, modern constitution such as South African constitution creates various ...
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Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a ''written constitution''; if they are encompassed in a single comprehensive document, it is said to embody a ''codified constitution''. The Constitution of the United Kingdom is a notable example of an ''uncodified constitution''; it is instead written in numerous fundamental Acts of a legislature, court cases or treaties. Constitutions concern different levels of organizations, from Sovereign state, sovereign countries to Company, companies and unincorporated Club (organization), associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organiza ...
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Independent Agency
A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulating capacity. These are customarily set up to strengthen safety and standards, and/or to protect consumers in markets where there is a lack of effective competition. Examples of regulatory agencies that enforce standards include the Food and Drug Administration in the United States and the Medicines and Healthcare products Regulatory Agency in the United Kingdom; and, in the case of economic regulation, the Office of Gas and Electricity Markets and the Telecom Regulatory Authority in India. Legislative basis Regulatory agencies are generally a part of the executive branch of the government and have statutory authority to perform their functions with oversight from the legislative branch. Their actions are often open to legal review. ...
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Independent Agency
A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulating capacity. These are customarily set up to strengthen safety and standards, and/or to protect consumers in markets where there is a lack of effective competition. Examples of regulatory agencies that enforce standards include the Food and Drug Administration in the United States and the Medicines and Healthcare products Regulatory Agency in the United Kingdom; and, in the case of economic regulation, the Office of Gas and Electricity Markets and the Telecom Regulatory Authority in India. Legislative basis Regulatory agencies are generally a part of the executive branch of the government and have statutory authority to perform their functions with oversight from the legislative branch. Their actions are often open to legal review. ...
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Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' principl ...
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Constitutional Organizations Of Thailand
The constitutional organizations of Thailand ( th, องค์กรตามรัฐธรรมนูญ; ) are executive branch agencies of the Government of Thailand, that exist and function outside the Cabinet Ministries of Thailand. Most of these agencies were constitutionally mandated and were created in the 1997 Constitution of Thailand, they were re-affirmed in the 2007 Constitution of Thailand. Apart from their constitutional requirements, the agencies are governed by statute laws and regulations. Overview Constitutional organizations are executive branch agencies of the Government of Thailand that exist and function outside of cabinet ministries. Most of these agencies were constitutionally mandated and were created in the 1997 Constitution of Thailand, the "people's constitution", and re-affirmed in the 2007 constitution. Before 1997 cabinet ministries were the primary operating units of the executive branch. However, the need for independent agencies with regul ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Institutions Of Constitutional Importance (Italy)
The institutions of constitutional importance of the Italian Republic ( it, organi di rilievo costituzionale della Repubblica Italiana) are those institutions which are mentioned by the Constitution of Italy, but are not directly defined by it. Characteristics Unlike the constitutional institutions of Italy, the institutions of constitutional importance do not take part in the so-called "political process"; they do not directly determine the goals the state will pursue, but are supplementary to those goals. The institutions of constitutional importance contribute to the maintenance of the democratic order and are therefore also called "auxiliary institutions" (''organi ausiliari''). Unlike constitutional organs, they can be abolished altogether, although this would require a constitutional law Although these institutions are mentioned in the constitution, it is left to the ordinary law to define their organisation, their structure and their powers. List of institutions of const ...
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Constitutional Institutions (Italy)
The constitutional institutions of Italy ( it, organi costituzionali italiani) are institutions of the Italian Republic which are defined in the constitution. Characteristics In Italian jurisprudence, these are defined as the essential and immutable institutions of the State, which are foreseen as existing by the Italian constitution and whose fundamental powers and organisation are directly defined by the constitution. They have a relationship of mutual parity and they take part in the so-called "political process" (''funzione politica''), that is, they directly determine the goals to be pursued by the state. Because these institutions are directly defined by the constitution, codification of any of them is a modification of the constitution and therefore requires the passage of a constitutional law. Their very existence, however, constitutes a limit on the modification of the constitution. The institutions The constitutional institutions are: * The President of the Republic ...
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Constitutional Body (India)
In India, a Constitutional body is a body or institute established by the Constitution of India. They can only be created or changed by passing a constitutional amendment bill, rather than an Act of Parliament. The members of Constituent Assembly of India recognised the need for independent institutions which can regulate sectors of national importance without any executive interference. As such, they introduced constitutional provisions, paving the way for creation of Constitutional bodies. A classic example of a constitutional body is the Election Commission of India, which is created to conduct and regulate the national and state elections in India. Lists of constitutional bodies from article 76 to 350B See also * Constitutional body A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these ...
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Election Commission Of Malaysia
The Election Commission of Malaysia ( ms, Suruhanjaya Pilihan Raya Malaysia), abbreviated SPR or EC, is a commission set up for ensuring fair and equitable operations in undertaking the elections in Malaysia. Its establishment is mandated by executive order of the former Prime Minister of Malaysia, Prime Minister Mahathir Mohamad. The agency falls under the purview of the Prime Minister's Department. History The Election Commission (EC) was formed on 4 September 1957, under Article 114 of the Constitution of Malaysia, which empowers it to conduct elections for the Dewan Rakyat and state legislative bodies. At its establishment, the EC only consisted of a chairman and two members – Datuk Dr Mustafa Albakri Hassan together with Lee Ewe Boon and Ditt Singh. A secretariat was also set up to fulfil the commission's functions and carry out its decisions, with a secretary made the chief administrator. The first EC secretary was H. Cassidy. After the formation of Malaysia in 1963 ...
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Chapter Nine Institutions
Chapter Nine Institutions refer to a group of organisations established in terms of Chapter 9 of the South African Constitution to guard democracy. The institutions are: * the Public Protector * the South African Human Rights Commission (SAHRC) * the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission) * the Commission for Gender Equality (CGE) * the Auditor-General * the Independent Electoral Commission (IEC) * an Independent Authority to Regulate Broadcasting. Though chapter nine calls for a broadcast regulator it does not specifically mandate the Independent Communications Authority of South Africa (ICASA). Interpretations vary on whether ICASA is a Chapter 9 institution or not. Parliamentary review In October 2006 an ''ad hoc'' parliamentary A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derive ...
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South African Constitution
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government. Since 1996, the Constitution has been amended by seventeen amendment acts. The Constitution is formally entitled the "Constitution of the Republic of South Africa, 1996." It was previously also numbered as if it were an Act of Parliament—Act No. 108 of 1996—but, since the p ...
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