Learn a little basic constitutional knowledge

   Press: Recently I turned China encyclopedia, "politics", see the "constitution" of a, the author is Mr. Wang Huiyan, and Mr. Wang exactly is when I was studying in Jilin University I administration college teacher, so inevitably adds some intimacy, serious study of the entry, a basic to understand the sequence of events to the constitution, draw, and share:

 

The Constitution (Xi alpha NF alpha)
Constitution
The fundamental law of the state. It provides the basic rights and obligations of the state's basic political system and citizen, is to confirm the democratic legal system, has the highest potency, is the basis of other laws. Also known as the "parent law".


The formation of etymology and concept
In the west, "the constitution" comes from the Latin constitution, organized, provisions, establish, decree. In ancient Greece, "constitution" and "constitution" general, Aristotle thinks, Greek city states have every kind of constitution, so there are different kinds of regimes, which consists of a sage rule the monarchy is the best form of government, the constitutional monarchy is a moderate democratic regime. It is better than the extreme democratic mob regime. The ancient Rome empire with the "constitution" that the emperor's orders, proclamations, legal documents to distinguish it from the public made at the meeting. In medieval Europe, has gradually formed the basic idea, and the emergence of a representative. By John 1215 6 month 15 days the king's "Great Charter", the king's fishing and taxation by the noble Council limited. Sixteenth Century French J. Bodin claims the king's power is limited, must obey the natural law, shall not be deprived of family gifted property rights, in the territory of the transfer, the succession to the throne and tax issues should be the fundamental limits of the law. British people take representative called constitution, as the representative popular in continental Europe, people put the representative and embody the fundamental law principle law called constitution, namely the constitution.
  China ancient literature also has the "constitution", such as "reward the virtuous, the constitution of a state" ("Mandarin and Jin"), "so it can make the number, the constitution." ("pipe · seven"). But its meaning and "method" is basically the same. The ancient Japanese "constitution" fingering order, system constitution, but also different from the modern meaning of the word. After the mid nineteenth Century constitutionalism "western constitutionalism" concept was introduced to Japan and Chinese, Japanese scholars have to constitution for the law, administrative regulation or state law code, refer to the China classical translated into constitution. 1889, Japanese emperor Meiji issued the "constitution" of Meiji, the Japanese government from monarchy to constitutional monarchy. In 1898, led by Kang Youwei China reformers urged to emulate western and Japanese monarchy, 1908 (Guangxu thirty-four years) of the Qing Dynasty Emperor Guangxu promulgated the "imperial constitution outline", the constitution of the constitutional political meaning, but did not form a constitutional system.
The constitution is the modern social and political change is the result and reflectionThe bourgeois revolution created the bourgeois constitution and establish bourgeois democratic republic, the proletariat was against bourgeois revolution, the establishment of a socialist country and create the socialist constitution. The modern constitution can be divided into bourgeois constitutions and socialist constitution according to its essence.
The early bourgeois constitution is Britain's unwritten constitution, it is the product of compromise with each other in mid seventeenth Century bourgeois and feudal lords vying for power in the process of. Through a series of gradual limitation of kingship and the expansion of the bourgeois political power in constitutional law, such as "the petition of right", " personal protection law", "law of succession to the throne", "act of Congress", the constitutional law and political practice, judicial decisions together constitute the British constitution, established the British constitutional monarchy and parliamentary cabinet. American against British colonial rule after the victory of the war of independence, in 1776 by the state delegates to the constitutional convention drafted the "articles of Confederation", the state approved after the entry into force in 1781 3 months, become American is the first written constitution in the world, created a written constitution era. 1787 September through the "constitution" America came into force in 1789 April, the constitution has established America federalism and separation as the core of the presidential system of three rights. In 1791 France established in continental Europe, the first constitution was born in 1789, the French bourgeois revolution in the "Declaration of human rights and civil rights" as the Constitution's preamble, established the first Republic in the constitution.
The world's first socialist constitution, is the constitution of the Republic of Russia socialist alliance in July 10, 1918 through "(Gen Benfa)". It is the proletariat to the victory of the October revolution in Russia in 1917, established the first socialist state after the dictatorship of the proletariat. After the Second World War, Eastern Europe and Asia, many countries have established a socialist system, these countries have developed their own socialist constitution. After the people's Republic of China, the first meeting of the first session of the September 20, 1954 National People's Congress passed the first "people's Republic of China Constitution", the constitution has laid a legal foundation China people's democratic dictatorship.
The constitution is the democracy political basis and legal guaranteeTo establish a modern democracy to formation of constitution as the premise, the basic task is to safeguard the people's rights in constitution. In the form of law (Law) and substance (procedures and Implementation) are in accordance with the constitution to protect the rights of the people of the state system is called the system of constitutional democracy. The bourgeoisie of the constitution is the bourgeois democratic principles and democracy; socialist constitution is the embodiment of socialist democracy and the principle of democracy.
The bourgeois constitution is the bourgeois economic, political legalization, institutionalization, bound, the bourgeoisie against the feudal forces in the process of the development of capitalist commodity economy, the private property, free competition, exchange of equal value, freedom, equality, human rights, put forward the slogan, the economy, and political requirements embodied in the the constitution has become the bourgeois constitutional principles. The basic principle is: the supremacy of the constitution as the core of the legal principle, the principle of sovereignty in the people, respect for basic human rights and the principle of individual freedom, the principle of decentralization and balance and the principle of equality before the law. Establishing a constitutional political system designed to make these principles can be realized. Although the specific form of regime of capitalist countries constitution is different, have the characteristics of the political system, such as the British parliamentary cabinet system, the president of France has America, semi presidential system, the Swiss Implementation Committee system, but they all belong to the capitalism of the Xian Zhengmin system. The system ensures the capitalist private ownership and exploiting the proletariat, on the other hand, in the implementation of the whole society under bourgeois democratic political rule.
Socialist constitution is the embodiment of the social system, economic system, political system of socialist law. Socialist countries to implement the dictatorship of the proletariat and the people's democratic dictatorship, the working class is the leading class of the state, the alliance of workers and peasants is the political foundation for the country, all state power belongs to the people, all citizens are equal before the law, with the constitution as the gradual development of socialist democracy and improve the socialist legal system and guarantee. The socialist countries established the socialist public ownership of the means of production as the main body of the economic system, let each person do his best, implement the principle of distribution according to work. This political essence and economic principles embodied in political system that is consistent with the actual situation calls for the establishment of the socialist countries form of political organization in accordance with democratic centralism. Such as the "people's Republic of China Constitution" Regulations of the people's Congress system, China. This system embodies the people be in power, the exercise of the principle of management of state power. Socialist democracy is the highest in history of democracy in essence, but the development of the socialist democratic system and improve a process, in the construction of socialist democracy, the democratic system of the form and content of the perfect and rich, will be reflected, confirmed and guaranteed in the constitution, thereby creating more sufficient conditions for the realization of socialist democratic politics.
Basic characteristics of the ConstitutionConstitutional guarantee of democracy, which depend on three main characteristics on its own: the highest of the effect. The highest principle of democracy is the people's sovereignty, all power belongs to the people, derived from the people, and the constitution is made by the representative of the people directly or indirectly elected, is a concentrated expression of the will of the people and the culture. It is the power of the government according to the government, the common law and order of the power is granted by the constitution. Thus the constitution has the highest legal authority and legal effect, the common law of the content must comply with the provisions of the constitution, if the conflict with the Constitution by constitutional supervision organs through the exercise of "unconstitutional", announced the "unconstitutional", and regarded as invalid. The constitution is the common law of, is the highest law. The content of the fundamental. The constitution as the fundamental law of the state, the provisions of the most is the most basic, the most important social relationship between countries, such as the provisions of the fundamental rights and duties of citizens, social system and national system, national institutions and activities of the basic principle, the central and local organizations etc.. In order to ensure that the contents of the constitution accords with the fundamental direction in the country, the constitution is often the right to formulate and interpretation of the constitution to be specified, if the provisions of the specialized agencies, the power to interpret the Constitution gives the highest legislative or judicial organs (or organs). The effect of stability. The constitution is the foundation of our country, it has to maintain political, social order and safeguard function of democracy. The Constitution itself stable can make this a normal function, in carrying out thorough popular sentiment and abide by the government and the people. If sometimes the constitution, and even destroy the constitution, must make democratic damage. However, with the progress of society, the deepening of democracy, there must be some new political principles and forms of organization recognized in the constitution, the constitution could not immutable and frozen, it must be adaptable to the development and improvement of democracy. The amendments to the constitution are cautious attitude, usually modify the provisions of the constitution of the special procedures of the constitution. Such as the "people's Republic of China Constitution" regulation, the constitutional amendment, proposed by the representative of the Standing Committee of the National People's Congress or more than 1/5 of the National People's Congress, and by the National People's Congress in the majority of all the representatives of 2/3 by. America constitution, at the request of both houses of Congress members agree to 2/3 or 2/3 the legislature may propose amendments to the constitution, but should be approved to 3/4 legislature or constitutional convention in force.