The Constitution and constitutional

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  • / Author: Aaron Lewis
The tenth chapter Constitutional law and the lecture outline
The first section of constitutional review
A The constitutional concept
 (a) the constitutional limits on democracy
      1 representative views
      2 issues: democracy is bound to be a constitutional country?
      3. conclusion: democracy and constitutionalism has some relevance, but can not reveal the essence and connotation of constitutionalism.
 (two) the constitutional understanding different from the democratic rule of law, from the point of view of
      1 essential characteristics of Constitutionalism
      The essential feature of constitutional government is a limited government.
      2 limit the administrative way
N     (1) for all sources of power to the Constitution and laws;
N     (2) is to restrict political power within the separation of powers and checks and balances of power and rights.
(three) constitutionalism and democracy are different
    1 differences between the two
N     In the history of constitutional democracy before the timing, but the constitutionalism logically precedes democracy.
N     Democratic regulations who has the power, which is power belongs to the constitutional provisions, and the way of using power, emphasizing the limits and prevention of state power.
N     The constitutional government is autocratic predators, democracy is not necessarily, sometimes may lead to the "tyranny of the majority".
    2 seek democracy and constitutional balance
N     To provide a wide range of political participation, fair political exchanges and binding, regular free election rights and opportunities for the people.
N     The government set rules, institutional constraints.
N     The establishment of different forms of the bicameral system, and make the decision process more prudent and restrained.
N     The judicial examination, the judge declared unconstitutional by the laws and decrees of the invalid.
Four. Constitutionalism and rule of law
The rule of law is a part of the constitutional government, is the necessary foundation, and defend the constitution of the survival and stability; on the other hand, constitutionalism in turn guarantee legal content and form of justice.
The constitutional government, the constitution is the premise, as the core of democratic politics, rule of law as the foundation, in order to safeguard human rights as a political form and the process of.
Two, the basic connotation of constitutional government
N     Constitutionalism and democracy
N     Constitutionalism and rule of law
N     The Constitution and human rights
Three, the constitutional characteristics
The implementation of 1, of the constitution is to establish a basic way of Constitutionalism
2, the establishment of a limited government is the basic spirit of Constitutionalism
3, establish the supreme authority of the constitution is the concentrated expression of Constitutionalism
Four,The elements of Constitutionalism
N     The constitution must be "good law", has legitimacy.
N     As the highest authority of the Constitution and the law.
N     To the human rights and freedom as the standard.
N     According to the Constitution and the rule of law as the center of gravity.
N     The judicial review by security.
The second sectionComparison of constitution and Constitutionalism
  (a) the relationship between constitution and Constitutionalism
      1, the external morphology
      2, the content scope
      3, value orientation         
       Our summary:
    The constitution is the precondition of constitutionalism, constitutionalism is the life of the constitution, constitutional guidance practice of constitutionalism, constitutional practice and improve the constitution.
  (two) the Constitution and the rule of law
   The constitution is the premise of rule of law and legal basis, benign constitution is the foundation of ruled by constitution, practical basis is the rule of law. Formation of constitution is a sign of modern rule of law established, the contents of the constitution is the direct legal basis for the realization of the rule of law, the constitution is the supreme law of the core.
The third section construction of socialist constitutionalism Chinese characteristics
One, are discussed
 Economic reform          The constitutional reform (success is example, Japan)
Thinking: constitutional delay caused the state opportunism and corruption!
N     The basic idea of constitutional construction (the ideology problem)
N     The constitutional conditions
Two, the construction conditions
He propped up China reference "constitutionalism" nine pillar
N     Confrontational political culture
N     The separation of church and state
N     Democracy
N     The legislative process improvement
N     The independence of the judiciary
N     The protection of private property
N     Freedom of speech and the press
N     The relationship between the army and the government
N     The modern political party system
The constitutionalism construction mode three, China