1. Explain the difference between Normative and Non-normative Ethics.
Before we talk about the difference between normative and non-normative ethics, let’s talk about ethics. Ethics is a branch of philosophy that deals with what is morally good and bad, and what is morally right and wrong1. It is also applied to any system or theory of moral values or principles1. Ethics is concerned with the fundamental issues of practical decision-making, and its major concerns include the nature of ultimate value and the standards by which human actions can be judged right or wrong. Ethics can be classified as normative and non-normative ethics. Normative ethics, that branch of moral philosophy, or ethics, is concerned with criteria of what is morally right and wrong. It includes the formulation of moral rules that have direct implications for what human actions, institutions, and ways of life should be like. It is typically contrasted with non-normative ethics or metaethics, which is concerned with the goal of establishing what is factually or conceptually correct, not what should be the case ethically. The difference between normative ethics and non-normative ethics:
Normative Ethics Non-normative Ethics
Concerned with criteria of what is morally Concerned with nature rather than the content right and wrong of ethical theories and moral judgments Based on moral or good behavior standards Affects everyone differently (or not at all) because the term normative refers to something that affects everyone in the culture at the same time Looks at how people should act Looks at what people believe is right Normative influence is defined as an event or Non-normative means that people experience occurrence that affects everyone in a specific these influences differently; and some may population or culture simultaneously not experience them at all Seeks to explain the conceptual situation Seeks to explain what is ethically reasonable Asks questions like are there general Asks about the questions themselves. Like principles or rules that distinguish right and what is morally good and not. wrong? 2. Explain the difference between rigid and flexible constitution. Before we classify the constitution as rigid and flexible and explain them, we should see the definition of the term constitution. Therefore, a constitution is a body of basic laws and principles that describes the general organization and operation of the state. A constitution most often contains fundamental principles and norms that underlie and guide all government action. As a supreme or higher law, its provisions provide a framework under which all regulations, legislation, institutions, and procedures operate. Many scholars have tried to define a constitution for example Aristotle defines a constitution as the way by which all citizens or constituent parts of the state are organized in relation to each other and another scholar, Sir James Mackintosh, has defined a constitution as a body of written or unwritten fundamental laws means those which regulate the most important rights of the High Magistrate which are the most essential privileges of subjects. The classification of the Constitution, according to renowned political writer Bryce, should be based on how it can be amended and how it relates to ordinary or statutory law. Therefore based on this, a constitution can be classified as rigid and flexible constitutions. In a flexible constitution, there is no distinction between ordinary law and constitutional law. Both laws are enacted in the same manner and their source is the same. In this type, the constitution may be written or mainly based on agreements. Whereas rigid constitutions are those, which require a special procedure for the amendment. The rigid constitution is above the ordinary law and can be changed by a procedure, which is different from the procedure of ordinary law, thus making it difficult to change. The United Kingdom has unwritten Constitution is the best example of an extremely flexible Constitution as there is no distinction between the legislative power and the constituent power. Whereas USA and Australia are the best examples who have a rigid constitutions.
The table will illustrate their differences more clearly.
Flexible constitution Rigid Constitution
Can be amended easily It has a very complex amendment Can be adjusted according to the changing Cannot be easily adjusted according to the needs of society changing needs of society No stability Brings about a stable government Suitable for a unitary system of government Suitable for a federal system of government with a homogeneous population with a heterogeneous population Useful for developing countries because of its A written constitution is made by experienced adaptability and learned people, Thus it shows national efficiency It represents the changing opinion of the It shows experienced and learned people who public framed it 3. Explain the basic features of human rights Human rights are rights we have simply because we exist as human beings - they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental - the right to life - to those that make life worth living, such as the rights to food, education, work, health, and liberty. Human rights are universal and inalienable; indivisible; interdependent and interrelated. They are universal because everyone is born with and possesses the same rights, regardless of where they live, their gender or race, or their religious, cultural or ethnic background. Inalienable because people’s rights can never be taken away. Indivisible and interdependent because all rights – political, civil, social, cultural and economic – are equal in importance and none can be fully enjoyed without the others. They apply to all equally, and all have the right to participate in decisions that affect their lives. They are upheld by the rule of law and strengthened through legitimate claims for duty-bearers to be accountable to international standards. Human Rights are: Universality and Inalienability: Human rights are universal and inalienable. All people everywhere in the world are entitled to them. The universality of human rights is encompassed in the words of Article 1 of the Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights.” Indivisibility: Human rights are indivisible. Whether they relate to civil, cultural, economic, political, or social issues, human rights are inherent to the dignity of every human person. Consequently, all human rights have equal status, and cannot be positioned in a hierarchical order. Denial of one right invariably impedes the enjoyment of other rights. Thus, the right of everyone to an adequate standard of living cannot be compromised at the expense of other rights, such as the right to health or the right to education. Interdependence and Interrelatedness: Human rights are interdependent and interrelated. Each one contributes to the realization of a person’s human dignity through the satisfaction of his or her developmental, physical, psychological, and spiritual needs. The fulfillment of one right often depends, wholly or in part, upon the fulfillment of others. For instance, fulfillment of the right to health may depend, in certain circumstances, on the fulfillment of the right to development, education, or to information. 4. Explain the basic functions of the constitution As I mentioned earlier the Constitution is a set of laws and rules that sets up the machinery of the Government of a state and which defines and determines the relations between the different institutions and components of the government, the executive, the legislature, the judiciary, the central and the local Government. Therefore, this constitution have many functions for the people, the state and for the government. The functions of the constitution: Constitutions can declare and define the boundaries of the political community. These boundaries can be territorial (the geographical borders of a state, as well as its claims to any other territory or extra-territorial rights) and personal (the definition of citizenship). Thus, a country’s constitution often distinguishes between those who are inside and those who are outside the polity. Constitutions can declare and define the nature and authority of the political community. They often declare the state’s fundamental principles and assumptions, as well as where its sovereignty lies. Constitutions can declare and define the rights and duties of citizens. Most constitutions include a declaration of fundamental rights applicable to citizens. At a minimum, these will include the basic civil liberties that are necessary for an open and democratic society (e.g. the freedoms of thought, speech, association and assembly; due process of law and freedom from arbitrary arrest or unlawful punishment). Many constitutions go beyond this minimum to include social, economic and cultural rights or the specific collective rights of minority communities. And some rights may apply to both citizens and noncitizens, such as the right to be free from torture or physical abuse. Constitutions can establish and regulate the political institutions of the community— defining the various institutions of government; prescribing their composition, powers and functions; and regulating the relations between them. It is almost universal for constitutions to establish legislative, executive and judicial branches of government. In addition, there may be a symbolic head of state, institutions to ensure the integrity of the political process (such as an electoral commission), and institutions to ensure the accountability and transparency of those in power (such as auditors, a court of accounts, a human rights commission or an ombudsman). The institutional provisions typically provide mechanisms for the democratic allocation and peaceful transfer of power (e.g. elections) and mechanisms for the restraint and removal of those who abuse power or who have lost the confidence of the people (e.g. impeachment procedures, motions of censure). Constitutions can commit states to particular social, economic or developmental goals. This may take the form of judicially enforceable socio-economic rights, directive principles that are politically binding on the government, or other expressions of commitment or intent Constitutions can declare the official religious identity of the state and demarcate relationships between sacred and secular authorities. This is particularly important in societies where religious and national identities are interrelated, or where religious law has traditionally determined matters of personal status or the arbitration of disputes between citizens. Constitutions can divide or share power between different layers of government or sub- state communities. Many constitutions establish federal, quasi-federal or decentralized processes for the sharing of power between provinces, regions or other sub-state communities. These may be geographically defined (as in most federations, such as Argentina, Canada or India), or they may be defined by cultural or linguistic communities (e.g. the 1994 Constitution of Belgium, which establishes autonomous linguistic communities in addition to geographical regions). In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her In a flexible constitution, there is no distinction between customary law and constitutional law. Both laws were propagated in the same manner and have the same origin. In this type, a constitution may be drafted or based primarily on treaties. No special procedure is required to amend the flexible constitution. The British constitution is a classic example of a flexible constitution. The British Parliament is sovereign. Her