Constitution(reprint constitution, constitutional organization, Japan, Japan's national constitution),JapanThe currentThe constitution of books.

The constitution of japan,The Second World WarIn theThe Empire of JapanThe occupied territories during the war,The Japanese Imperial constitutionIn the program revision1946( 1946 years)November 3rdHas promulgated,1947( 1947 years)May 3rdPromulgation. The amendment shall never execute until now. Therefore, the constitution of Japan's original character,When Chinese charactersHan script.

The sovereignty of the peopleBased on the principle ofSymbolic Mikado SystemOn the basis of sorting, basic personal dignityHuman rightsThe rights guaranteed by the Constitution and respect,Diet?The cabinet?Court?The local governmentEstablish the order and structure and governance of the national basic. In addition, a characteristic, have been established, rather than force a renunciation of war.

Regulations, to the best of Japan (Article ninety-eighth), the code is relatively lowLawCannot change the problem. The violation of the law of the Constitution and the laws of the state is invalid principle.

"The constitution" refers to

MoreConstitutionSee

"The constitution" words have many meanings, is not clear. The following three important one.

1. The formal sense of the "constitution": "hundred constitution", given the constitutional document form (the Bible).
2. Real Madrid (unique) referred to the "constitutional": the method to determine the basic rules of the state.
3. The Constitution (Modern) on the significance of the "constitution": the elimination of Fiat's situation, in order to safeguard the people's rightsConstitutionalismBased on the constitution.

The constitution of japan,

1. "The constitution" is a file format, a formal meaning "constitution" to take.
2. It is in the rule of law the basic national governance in Japan, the real (Wei Yi) in the definition of "constitution".
3. Provides basic human rights protection, because the constitution mechanism of the Bible the Constitution (and modern) defined in the sense of "constitution".

The written constitution

The constitution, will set up a constitutional document form in many countries of the bible. ThisThe written constitution(Codified law).The constitution is a written constitution. For semantic unwritten constitution is a written constitution. Expression is a misleading, the unwritten constitution not only implies the existence of the constitution of the books, this also means that the file is not any constitutional clause. The unwritten constitution as a national celebrationBritainThere. The British constitution is not written in the Bible, O Xianaki (Magna karuta) and the normal legal and some documents,MethodThe order of the state has been established in the Constitution and other disciplines.

Rigid constitution

Compared to the normal demanded a change in the law, written constitution is a weighted requirements, revisedRigid constitution. The constitution of the Constitution can be amended, the legal requirements for flexible as usual. Many modern constitution is rigid and constitution by the Constitution and the basic order of rigid, they cannot change state in a hurry is listed in the constitution.

The Constitution requires, in favor of the revised ", with each house, a total of over 2/3 members of the national assembly, puts it, the people... You need a majority vote" Article ninety-sixth) and a set of required for normal traffic laws, "if passed by both houses"The first section fifty-ninthAlso weighted). Therefore,A flexible constitutionIt is.

Rigid constitution, even in a poor country such as Japan, amendment,GermanyAndFranceIn some countries, tend to be revised^{[1 ]}. The British, and even the unwritten constitution, constitution and flexible, some countries maintain the discipline and more easily.

Bill of rights

The constitution is in many cases,Freedom of speechAndVoting rightsThe provisions of the people's rights (human rights provisions),LegislatureAndAdministrationThe organization and management of the basic provisions of the country (regulations) top heat. This is the human rights provisionsFreeThere, in the back of the management regulationsDemocracyThere. The modern significance and characteristics of the constitution. The constitution of Japan, including the rules and regulations of the human rights.

Features

Indirect democracy and constitutional monarchy, the separation of the three powers system, system of local autonomy, used in many countries, such as the civilian control of the military, has established the bible. Many of these for the Constitution and the form of constitutional monarchy and symbolic Mikado system, provided troops abandoned, the criminal procedure (investigation of criminal judicial procedure) features and details in the constitution of Japan a.

These people now pay more attention to the provisions, is to establish the basic order norms of the constitution of the state of the philosophy behind, the role of the state. This "principle" and "principle" and "principle" , saying it. The constitution of the heart, the concept of "respect for the individual" (Article thirteenth) "The dignity of the individual" Article twenty-fourthThe principle of the dignity of the individual (,)IndividualismAlso called) is the general view is based on (cult). The principle of the dignity of the individual, also known as the principle of the inviolability of personality. The rule rather than the value of the individual, man and society, everyone's personal philosophy is to fully respect the people's status. Here, egoism, and to accept the fact act willfully damage the other must be strictly distinguish.

Philosophy and principles

 

The constitution of Japan's original "Yu" (Page 1) The original constitution. "The name of the Privy seal(Xi company name) minister and sign " (page 2 The constitution of Japan "minister" sign the original, "preface" (page 3)

 

Objective and methods of the Constitution (dignity)

The constitution of japan"The dignity of the individualThe principle of "(thirteenth) or a common belief, the wisdom of the Constitution and achieve this goal. This is a personal value in all of the human society, the principle of respect for the individual, head and shoulders above all. "dignity" means, in particular, small is understanding and meaning of human.

As a means to reflect the principles, the dignity of the individual,

1. Respect for basic human rights principle
   1. Free
      • Welfare
   2. Egalitarianism
2. Pacifism
3. Power system separation
4. The Democratic Alliance (the people's sovereignty theory)
5. Rule by law

Intelligence or common belief, it references.

The principle of respect for basic human rights, is a free and equal, including social welfare principle, liberalism as an amendment.

Each person, because we have as a basic human right, a person's greatest respect (free), but must be respected, to do this, it must be reflected in the political thought of each individual Democratic Alliance (sovereignty) is required. , countries must establish a peaceful society, respect for the individual as the premise, pacifism (renunciation of war) is take.

The relationship between the Constitution and the constitution, the modern

The modern constitutionalism of modern constitution and spirit (Foundation wanted to try on the political constitution) promulgated the constitution. (in order to prevent the abuse of power by the authorities, the protection of the interests of the object), and the modern constitutional principles may be three power separation theory reference to national sovereignty and human rights. The constitution of Japan, which contains the principle, the modern constitutionalism.

The essence of constitution or basic standards

On the other hand, the constitution principle is the core principle of the sovereignty of the people, respect for basic human rights (Democratic) may make peace theory.

In the constituent assembly constitution (constitution authority) core principles should be regulated from the above constitution constituent, the dignity of the individual (the people's sovereignty principle of respecting basic human rights pacifist) overall (Natural Law) is number theory is the natural law, constitution, there is extreme. (this is a constitutional rightNatural lawBe limited to.

The principle of state sovereignty and the principle of respect for basic human rights, will be emphasized in the constitution of the modern world. The constitution of other countries is not peaceSeparation of the three powers(decentralization) often put forward. Respect for basic human rights is behindFreeIn one of the sovereignty of the people (the people's sovereignty) at the backDemocracyThere. Combined with the two principles,Freedom and democracy(also called liberal democracy). However, this shows, these two principles are not exactly parallel. Liberal democracy, liberalism as the basis, results show that, the democracy is passed as a means to achieve freedom. This is in the name of democracy, by majority vote, freedom which is established based on the concept of extensive painful history. Therefore, liberalism, respect for basic human rights, also is the most important part of the constitution.

These basic principles of law, also known as the basic criterion, and opposed by a constitutional amendment procedures do not (limit) many theories.

However, even in the revised limits, the principle of respect for basic human rights, for example, if it is to maintain the principle of respect for basic human rights, human rights, personal terms to be modified. For example, what people should not amendment being deprived of basic human rights and respect for human rights.

Therefore, liberal democracy and peace, respect for basic human rights, sovereignty (sovereignty) peace (renunciation of war) into three main principle of Japanese Constitution security respected. On the other hand, the constitutional thoughts could be interpreted as opposed to seemingly peaceful democracy and freedom, this is great. Liberalism is the "public welfare" , is indirect democracy of democracy, peace and the exercise of the right of self-defense is against the people. However, these mechanisms can be stable work, and with the first two.

Respect for basic human rights principle

Basic human rightsAnd respect, respect for individual rights,FreeAndEgalitarianismForm.

Free

Applicable to the constitutional principles of freedom, "at least acknowledged supreme individual value, individual self realization is not subject to, and freedom is a prerequisite for a democratic government", so the.

Prospect of the governance and human rights structure of liberalism,

1. For the protection of human rights of free chapter eleventh ninety-seventh third
2. Government
   1. System of separation of powers of forty-first sixty-fifth seventy-sixth (the abuse of state power, in order to prevent)
   2. Article forty-second a bicameral (program reasonable care)
   3. The ninety-second local autonomous system (in order to balance provides a central and local)
   4. The constitutional review system eighty-first (free minority safety)

Is.

At first, it is important to free people of oppression free state power. Basic human rights is a kind of "human rights" and "fundamental rights" , also called for, particularly the three specific examples (the part of human rights). The human rights constitution safeguard rights, are listed, with judicial precedent that is clear terms beyond the prescribed rights (human rights"The right to know"The right to privacyWait.

In order to avoid being repressed individual human rights and the arbitrary exercise of authority, management mechanism for the purpose Is it right? Focuses on authority (Separation of the three powersAndThe local government) is considered as a freedom is not torn.

Respect for basic human rights, history and political philosophy is the basis of liberalism as far as possible to ensure the free thinking. The basic principle of "political liberalism" refers to avoid oppression regime, show the principle of freedom of the country, "constitutional government", and often. In particular, the premise does not trust the power, only the "free state" , also known as. In the process of democracy, free as a concept of the protection of personal rights and the elimination of state power is forced to support. Liberalism, political expanding freedom, is that economic policy is maintenance free. In addition, liberalism, is also a kind of philosophy, seeks to ensure that personal happiness, together with a set of changes to individual citizens, will also play a leading role in the national philosophy. The provisions of the state constitution, organization in Japan, which related to the idea of people's sovereignty, the principle of free maintenance.