Read the "comparative constitutional and administrative law" feeling

                         School of politics and public administration   Lu Weiliang

"Comparative Constitution And administrative law "is written by the famous professor of Peking University Gong Xiangrui's monograph, publishing house of law2003Years2Vol.2 Version. The book is divided into two parts, the first part Comparative constitutional law, Second Edition Comparison of administrative law, the two series a total of fifteen chapters. In addition, in the first chapter "Introduction" section before.

The introduction mainly relates to the constitutional law, constitutional law, the object scope of constitutionalism and constitution, the relationship between administrative law and constitution, the relation of administrative law, administrative law defines the object and scope and the method of comparison to the seven parts of contents.

The first part Comparison of the constitution, a total of six chapters. The first chapter of the concept of the constitution, mainly related to the classification effect and the constitution characteristics and significance of the constitution, the constitution, the origin of the. The author thinks, the constitution features include the characteristics, forms of content and scope of the. The form of the constitution has three characteristics: (1The authority of the constitution is higher than the common law). (2) and modify the constitution is different from the common law. (3The constitution is a written constitution). From the content point of view, the constitution has two meanings: (1) that has been democracy. The constitution is the record of success, is the fruits of victory, was obtained from the struggle, recognized, as affirmed by the law. (2) refers to a kind of ideal, which is seeking but have not yet obtained the democracy, it also shows no signs of life has achieved something, but to use promulgated a fundamental way to achieve it. This constitution, precisely, is the programmatic constitution, is a political declaration. In the range of characteristics of constitutional: is the general regulations of society, all aspects of its social political, economic, cultural, social and other provisions, is the "general rules" safeguard a country, is a legitimate source of all legitimate authority. In the UK, America mentioned in the constitution origin and19The European constitution. The author thinks, in the constitutional role: limited monarchy (decentralization), protection of private, publicity to the people, consolidate political power, seek social long period of stability. In the constitution classification in this section, the author mentioned: first, the traditional classification, and the unwritten constitution is a written constitution. Two, Bryce classification, constitution is rigid and flexible constitution. Three, a new classification method, including: (1The original Constitution and the derivative constitution). (2) programmatic constitution and confirmation of the constitution. (3) normative constitution, the Constitution and the constitutional name signs. (4The supreme constitutional and subordinate constitution). (5The Federal Constitution and the Constitution) single. (6Decentralization and centralization of the Constitution Constitution). (7Republic of the Constitution and constitutional monarchy). (8The Constitution) president and parliamentary system constitution. (9The bicameral constitution and unicameral constitution). (10) may review the Constitution and uncensored constitution. The author put forward own views, he advocated in first distinguish between the capitalist constitution and the Constitution Constitution basis, the historical and current capitalist constitution is divided into four categories: (1Political liberalism constitutional). (2Constitutional monarchy constitution). (3Social reformism constitution). (4The independent nationalist constitution). The basic principles of the second chapter constitution, mainly on the five principles of the constitution, private ownership principle (the first principle of capitalist countries of the Constitution); the principle of sovereignty in the people; the principle of separation of three rights; the principle of the rule of law; the principle of equal rights and political freedom. The implementation of the third chapter of the constitution. The author thinks, must abide by the constitution convention, abide by the constitutional convention is needed because of political life, but also to the rule of law. From the practice, the constitutional convention plays two roles: (1) make laws rigid to adapt to changing social needs, flexible to keep up with the times. (2To engage in politics) can handle the government. The author talked about the interpretation of the Constitution (including the necessity of law). The constitution is the need to explain, because the constitution text vague and confusing. The provisions of the constitution text are as follows: (vague forms1For some things) are included in the provisions, to doubt. (2) some words can have a certain number of uncertain significance. (3) with lawmakers consciously keep up until after the proper interpretation. (4) clause itself has no stipulation on the existing problems. (5Inappropriate use of some words). The author mentions the British experience, the UK has three schools in the interpretation of the constitution, the law: literal interpretation method; a literal interpretation method; question investigation method. America experience is: the president's interpretation by the Supreme Court, Congress explanation, interpretation, interpretation of the party. In the revision of the Constitution in the section,The author discusses the necessity of revision of the Constitution and constitutional amendment procedure. Judicial review in section, mainly about the origin of judicial review, summarized two kinds of judicial review system of the western countries: the general court review system and the constitution court review system. The constitutional court review can be classified into three forms: (1Abstract), principle of examination or preventive review. (2Through the review of specific cases), review of the law, laws, and declare the law is constitutional on judgement. In this chapter the last section referred to the development trend of Constitution: (1), expand the scope of the rights of citizens. (2) the expansion of government power. Specifically include the following aspects:1The change of state functions).2To strengthen the administrative organs).3Expand the official team).4), the rise of administrative court. (3The Constitution), extended from domestic law to international law. The fourth chapter of civil rights. Firstly, this paper expounds the concept and nature of civil rights. The nature of the rights of citizens are mainly as follows: age, class and country. Then put forward the theory of several civil rights: natural rights, legal rights, social rights and the class say say say. Section second briefly discusses the new trend of civil rights issues, manifested in three aspects: (1The jurisprudence of jurisprudence) individual is giving way to the individualism. (2The political right) to the economic and social culture. (3"Declaration of human rights") spread to countries and from domestic law to international law. The third section to the sixth section expounds four kinds of rights. The third section is about the right of personal freedom. Mainly on the personal rights, personal rights remedy, he thinks, there are two kinds of means in the UK: the appeal and the court. Also mentioned: the need for the future of the country, the state may take the necessary measures, including legislative and administrative aspects: (1) ceases to be valid personal protection law. (2By the amnesty law). (3The wartime Emergency Powers Act). The fourth section on the right to freedom of speech and press. The freedom of speech the importance and limitation, Britain, France and Sweden, USA about free speech laws. The fifth section about the rights of freedom of assembly and association. The sixth section on the material guarantee of rights. Including the economic rights of life, social life and the right of culture and education rights. The fifth chapter of national institutions. Discusses the concept, the national agency heads of state, government, Parliament and court duties and functions. The form with a single head, double and multi system. The type of government system of cabinet government, presidential system of government, the committee system of government. The composition of Parliament is bicameral and unicameral. Including the role of Parliament (1The legalization of government). (2) represent public opinion. (3Verification of government policy). (4Financial control). (5The legislation). (6Reporting, announcement and feedback). (7The judicial task). (8Dissemination of ideas forum). The court's characteristics are: passive; universality; according to law; multilevel. The court types include the following: (1) mainland court and common court. (2The federal and state courts). (3Civil court and criminal court). (4The court of first instance), the court of appeal and the court of final appeal. (5) the common court and the special court. The sixth chapter political groups. This chapter mainly relates to the voter groups, political parties and pressure groups.