Constitution

ConstitutionIs a set of basic principles according to establish the government or other organizations and established a precedent. These rules constitute and define the entity. When these principles are written to a file or a set of legal documents, these documents are written constitution; if these principles are separately listed in a comprehensive file, this file is the constitution.

The constitution of attention from national sovereignty to the company and the unincorporated association of different levels of organization. The establishment of an international organization treaties also is the organization of the constitution, the provisions of the composition of the organization. Whether it is a sovereign state or federal state, constitutional definition of the national foundation, legislative procedure and the subject. Some of the constitution, especially the constitution, is also the ruling power by delineating the boundary (such as basic right limit regime code). For example, "the constitution of the United States".

"India constitution" is written constitution in the world's longest, containing a total of22Chapter444Article,12A schedule and118Amendment, translated into English have117369The amount of words; however USA "constitution" is the world's shortest written constitution, Co7And25An amendment.

Etymology

EnglishConstitutionFrom the French Latin LoanwordsConstitutioThe word was used, regulations and orders, such as the emperor's decree (The constitution, proclamations, orders, decrees,Replied). Then the word is widely used to describe the major decisions in canon law, especially the papal decree, now known as believers constitution.

Features

Generally speaking, the Constitution in modern society every written specific powers to an organization or entity, the first condition of these institutions is to regulate accepted the constitution. According to Scott Gordon (ScottGordon) point of view, a political organization is constitutional in a certain range, the range of "including security (including those minority) the interests of citizens and the freedom of the institutional mechanism."

The Latin wordUltraviresYue Quan.Depicted is beyond the constitutional or statutory authority officials activities. For example, students as a group may be prohibited to engage the non student activitiesIf students non students; be involved in sexual activities, these activities will be according to the students' Association is consideredUltra viresAccording to the articles of Association; no one can be forced to participate in these activities. The sovereignty of countries in the constitution, is an example of a federal state in the local government is trying to area legislation in constitution only the federal government can enjoy the power, for example, treaty ratification right.Ultra vires theoryTo provide a legal basis for enforcement to stop this kind of behavior, this may in the judicial decision support by the people's law enforcement, the judicial decisions from judicial review. Government violence rights may because of constitutional rights is to limit the powers of the government, the government is implementing its did not enjoy the power and authority.

In most but not all modern countries, the constitution has beyond the ordinary statute law (see "unwritten constitution") the maximum potency, in these countries, when officials act unconstitutional, that government power is not the constitution granted, the behavior is invalid (Null and voidAnd from the beginning (invalid)Void Ab initioFrom the beginning, that is) is invalid, not invalid since the day of discovery. Even though it may have been through the legislature into law or under the provisions of the law, but it is not the "legal" (Law). Sometimes, the problem is not the legislation unconstitutional, but the applicable law in specific situations, the court may decide whether or not to use some method to use the constitutionality, not allowed or illegal. In this case, only the application may be ruled unconstitutional. Historically, such violations of the remedy is to apply the common law writ (WritsFor example, to make (,)Quo warranto).

History

The pre modern constitution

Ancient Mesopotamia

1877Years,Ernest de SarzecThe earliest known code found evidence in modern Iraq, by the king of Sumer (LagashLagashUrukagina ()UrukaginaIn about BC)2300Promulgated. This is perhaps the earliest prototype state law, the document itself has not been found; however, as everyone knows it is endowed with some rights. For example, we know that the code from the widows and orphans of the tax, and the poor from the rich usurious exploitation.

Since then, many government regulations for some specific legal. The earliest known existence of such document is about BC2050Years of ur (UrThe "model code") Wuernan (Code of Ur-Nammu). Some are known to ancient code (including isingIsinRipit Ishtar.Lipit-IshtarCode "), Babylon (Babylonia) "(" the code of HammurabiCode ofHammurabiThe Hittite laws "(),"Hittite code"Assyria" (code)Assyrian code") and613Commandment ("Mosaic law).

Ancient

BC621Years, one called Draco (DracoJurists ()Scribe)Finishing Athens cruel oral law, the provisions of this law is death to many crime. (Now very serious rule is usually referred to as"HarshDraconian"BC)594Years, Athens Solon (rulerSolonFounded Solon's constitution ()Solonian Constitution), the constitution relief workers burden, and rules on property (PlutocracyMoney politicsInstead of birth ()AristocracyAristocracy) decided to the ruling class membership. Later, Christini (CleisthenesBC)508Once again, the constitutional reform, which is built on the basis of democracy.

Aristotle.AristotleBC350YearsFor the first time) is in recorded history in the formal distinction between ordinary law and constitutional law, the Constitution and constitutionalism and try one classification characters of different forms of government. It is used to describe the basic definition of the general is "the assignment of state power" (Thearrangement of the offices in a state), in his book "the Athenian Constitution ("Constitution of Athens"Politics" (,)Politics"() and" Nicomachean EthicsNicomachean Ethics), he explores his different constitutional era, the constitution of Athens, Sparta and Carthage include. He distinguished he thinks is good government and he considered evil regime, and draws the conclusion: mixed government is good government, this regime includes the monarchy, aristocracy and democracy. He also distinguishes between a suffrage citizens and non parametric regime non citizens and slaves.

BC450The Romans first promulgated the constitution "Twelve Tables" (Twelve Tables). They operate in a series of laws, these laws will from time to time correction, but until the "law of RomeThe Theodor Si code "(CodexTheodosianusC.438YearsWhen the final codification); then east Rome Empire "Youshi code" (TennysonCorpus Juris CivilisAlso known as the "Corpus Juris Civilis" or "Corpus Juris Civilis" ad534Years) law very impact on the whole of europe. Isou Leah Leo Sans in the Eastern Empire (Leo III the IsaurianC.740Years of the "assembly" (Law)EclogaBasil Dynasty ()BasilicaBrazil's world (a)Basil I C.878The following year).

In ancient India, "Ashoka edict" (Edictsof AshokaIn the BC)3Century established constitutional principles as the peacock dynasty. The constitutional principles in almost ancient die, please refer to the "law of Manu ("Code of Manu).

In the early Middle Ages, many to fill the power vacuum in West Rome the Germanic peoples issued their code. One of the earliest Germanic law code is the West Gothic "Urich code ("Code of EuricC.471Years). This is the "Burgundy (code "Lex BurgundionumThe following applies), Germanic and Roman respective code; "Aleman code" (PactusAlamannorum)Frank's "the Salik code,"(Lex Salica)All the code in the500Years later became culture. C.506Years, "Rome Law Digest "(AlalikeBreviarum) or the Visigothic country "Rome law" (Ala Aec S"Lex Romana" Of Alaric II), together with the various early adoption and integration of the Rome law"The Theodor Si code "(CodexTheodosianus). Some system emerged slightly later, C.643Years ofLombardy.Lotta column"(codeEdictum Rothari), C.730The "Aleman code" (Lex Alamannorum), ca.785Year "Frisian code ("Lex Frisionum). The European code is written by Latin, while Anglo-Saxon these code for England, in602The kingdom of Kent's "Albert code" (Code of Ethelbertof KentAs a beginning). In about A. D.893Years, Alfred the great to the code and other early two Saxon code combination, and according to Mose's law. Christian, created the "Domesday Book" (for the UKDoom book Code of laws).

Japan's "Seventeen constitutional" written in C.604Years, by Prince Shotoku is the early constitution promulgated, sample a Asian political history. By the Buddhism deeply affected, the constitution of social moral concern more than government framework itself, but is still a constitutional government of famous early attempts.

The medieval times

"Medina constitution", also known as the "Medina charter", drafted by the Islamic prophet Mohamed. In Mohamed andYash Lee Bbu(YathribLater, i.e.Medina)TheAll the prominent tribe and family established a formal agreement, these tribes and families including Muslims, Jews and gentiles. The signing of the document clearly focused on ending its pain caused inter tribal war, this war is within Medina's clan (Aus) and Katz Raj S (KhazrajBetween the). To achieve this objective, the Constitution for the Muslim, Jewish and pagan community constructed a series of rights and responsibilities, so that they become an alliance, i.e.Uma.Ummah). The nature of the constitution of Medina is still controversial, but in general scholars agree that it is written in favour of the do in Mecca (ExodusHijraC.622YearsShortly after). The constitution effectively established the first Muslim countries. The Constitution stipulates: the union of Medina security, freedom of religion, the holy land status (banning all violence and weapons), women's safety, Medina internal clan and stable relations, wartime alliance system, foreign political alliance boundaries, confirm the personal protection system, resolve disputes judicial system, and also provides. The life price (BloodmoneyThe provisions in the homomorphism revenge, kill someone in the family or tribe did not obtain forgiveness after the payment of money).

In Welsh,The kingdom of Odeh BathHywel DdaC.942To950Promulgated "law" (WelshCyfraith Hywel).

Jaroslav really was grand duke of Kiev Jaroslav the wise "(" setThe Pravda Yaroslava) in1017Years has large Lyapunov Gothic Connaught, and in1054Years were included in the "real law" (RussiaRusskayaPravda), which became the Kiev Ross law, it only exist15A century later versions.

In England, Henry I and C.1100Year "Freedom Charter" (Charter of LibertiesNotice, first time limit) king in the treatment of the church and aristocracy things in power. The idea in the1215By forcing king John signed the "Great Charter" (Magna Carta) the English barons to expand and perfect. Great Charter.MagnaCartaThe most important terms) is about the "habeas corpus" (HabeascorpusThe provisions of the king), it shall not be arbitrarily imprisonment, deprivation, exile or kill anyone, you must first have a legitimate legal procedure (Due process Of law). This article, namely "the Great Charter" article39The provisions:

No free man, without peers judge in accordance with the law, judgment or by law, are not arrest, imprisonment, confiscation of property, the legal protection of the right to deprive, exiled, or any other damage, but I shall not be prosecuted or make others be prosecuted.No free man shall be arrested, or imprisoned, ordeprived of his property, or outlawed, or exiled, or in any way destroyed, norshall we go against him or send against him, unless by legal judgement of hispeers, or by the law of the land

Since then, the rules have become the cornerstone of British freedom. The social contract (Social contract) was signed between the kings and nobles, but then gradually extended to all people. It led to a constitutional monarchy (System of Constitutional Monarchy), with the further reform the monarchy and the aristocracy the balance of power is transferred to the house of commons.

Savoy (St.Saint SavaThe "church") (compilationNomocanon) is a self1219Years of Serbia's first constitution. This law is perfect. St. Savoy's Church "law" is a Rome based law, canon law civil law based on the assembly, the Council (Ecumenical Councils), its fundamental purpose is to clean the kingdom of Serbia and the Church of Serbia functions.1208St. Savoy on Mount AthosThe fourteen chapter, "the church" (assemblyThe Nomocanon in Fourteen Titles), "Buddha" (Stefan BeaSynopsis of Stefan the Efesian), "John Skoradicos" (church lawNomocanon of John Scholasticus) and the Council of the file,About Serbia began its "The compilation of "church law, he revisedAristinos AndJohnZonarasTheCode comments, the local church meetings, fathers, Mose rule of law,ProhironAndThe Byzantine emperorThe new constitutionTranslation (mostly Youshi Tennyson law).SerbiaThe compilation of "canon law is civil law, rules and the Byzantine church law new combination, but holy tile was successfully reformed and favorable operation in Serbia. In addition to regulating the church life act, also regulate people's life standard, most of its source inProhiron. Rome-The Byzantine legal transplantation of the Serbia medieval law."The church law" and its essence is based on Youshi Tennyson "Corpus Juris Civilis ("Corpus Juris Civilis).

Serbia and the king of GreeceStefan·DuchampIn the two Congress in SerbiaPromulgated the "Duchamp code" (Du an'sCode):1349In Skopje and1354In t. All areas of the regulation society, so, it is after Shengwasa "church law" Serbia second of the constitution. This law established in Rome-On the basis of the Byzantine law. In the "Duchamp code" article171Tiao Hedi172One, the legal transplant attracted our attention, the provisions of article two of the judicial independence. They are derived from the "Brazil Codex" Byzantine basilica. (The Byzantine codeBasilika)

1222Years, the Hungarian king Andrew S issued a "1222Year "(Golden bullGolden Bull of 1222).

In the1220Years to1230Years, Isaacson Eike von Repkov (rulerEike von RepgowThe compilation of the "Isaacson method)" (referenceSachsenspiegel), the law becomes the supreme law and applicable to other places in Germany1900Age.

1998Years,S. Kouyat éAccording to oral tradition to rebuild a he claims14The Mali Empire constitution century, also known asKouroukan Fouga.

1240Years ago, the Coptic Egyptian Christian writerAbul Fada'il Ibn al-'AssalIn Arabic writingFetha Nagas.AssalLegal portion from the apostolic works and Mose's precepts; part from the former Byzantine law. Historical records say that the code is translated intoEthiopia, in1450Years of Zara Jacob (Zara YaqobDuring the reign of) in Ethiopia. Even so, as the constitutional function (i.e., the highest national law), the first time applies to its recorded in began1563Year of Slan Dengel period. Until1931Years agoFetha NagasThe highest law is still Ethiopia, then the emperor Haier · Selassie(HaileSelassie I) promulgated the modern constitution.

"1356Year "(Golden bullGolden Bull of 1356) is a controlled by Emperor Charlie IV the Holy Rome Empire enacted by the parliament of Nuremberg act, in the next hundred years, the decree fixed has become one of the important aspects of constitutional structure of the Holy Rome empire.

In Chinese, Hongwu emperor promulgated and improve a called "Ming Zu Xun" (the edict was promulgated for the first time in1375Years, in its1398At least two years died before the revision). As the next250Years of the constitution, these rules have a very realistic meaning.

1392Years, "window" (charterCarta de Logu) is a kingdom of Polya (oGiudicato of ArboreaThe law, the law) (female judgesGiudicessaEleanor published). The method is applicable in Sardinia until "Charlie·Felli code ("The code ofCharles Felix) in1827Years4Month to replace it. The charter is the most important part of the work in Sardinia history.It is a cover of the legal work of civil law and criminal law, organic, coherent system.

The law of peace ""

What does Gou Wa (GayaGayanashagowa), oral constitution Iroquois namely "great peace" (Great Law of Peace), to establish such a system of government, namely, the members of the association of Iroquois tribe in the system of leader (SachemsAll the princes) generally agreed with discussion and decision based on this discussion, by a tribe alone. The leader's position declined in the family, and by the female relatives to allocate a higher position in the family.

IncludeDonald Grinde,Bruce JohansenSome historians and others, thinkProvided the inspiration for USA Iroquois Constitution Constitution, and in1988Confirm the years for a resolution of congress. This paper thinks that the shortage is a letter. A professor of history at Stanford UniversityJack N. RakoveAt:"We have about1787Signs of the debate voluminous records is not affected by the constitution of the iroquois." He continued, for American democracy has plenty of European precedent to support.FrancisJenningsBenjamin Franklin pointed out that the statement is often the supporters quote, it cannot support this view,Because the alliance advocates against these"Ignorant Barbarian",And take this idea called"Absurd". AnthropologistDean SnowAlthough FranklinAlbanyAlliance Program (AlbanyPlan of Union) may draw some inspiration from the Iroquois there, but there is little evidence that the plan or the absorption of these resources, and pointed out that "the claim that blurred unbearable, ignored the obvious characteristics of the Iroquois constitution details and the government. The two form of government is a unique individual significantly in concept"

The modern constitution

The written constitution still regulation of sovereign state of San Marino is the constitution. "Constitution" (San MarinoLeges Statutae Republicae Sancti Marini) was written in Latin, a total of six chapters. The first chapter, a total of sixty-two, the committee shall, court, all kinds of administrative organs and give their power. The remaining chapters setThe criminal and civil laws, judicial procedures and remedies. Promulgated in1600Years, based on the Constitution1300Years of town (aboutStatuti Comunali), which are themselves subject to Youshi Tennyson "Corpus Juris Civilis" influence, the constitution is still effective.

1639Years, the colony of Cone de G adopted the "base" (commandFundamental Orders), the method is one of North America's first constitution, and since then Cone de G each new constitution foundation, it also created the official name "Cone de G Cone de G" (那个 Constitution State).

The English Civil War, Oliver Cromwell established the England federal Lord Protector, and by the Lord Protector promulgated the first detailed the written constitution of modern state system; the Constitution called "constitution" (GovernmentInstrument of Government). Because parliament failed to manage uniformly valid, the constitution increased Cromwell's power through a legitimate reason for self1653Years to1657Years of the short-lived Republic formed a government.

The constitution has established a21Members of the State Council, and the executive power was awarded the "federal Lord Protector" (Lord Protector Of the Commonwealth); the position is set to the non hereditary lifelong tenure.

Because of the radical and royalist opposition, the constitution has not been widely accepted, the parliament also refused to recognise his power base status. It's the ultimate in1657Years5Month is more short-lived "humble petition" (Humble Petition and Advice) replaced, eventually it witnessed it with Cromwell's death to die, as well as the king of the restoration (The Restoration).

"Zaporozhye military law and freedom (" agreement with the ConstitutionAgreements andConstitutions of Laws and Freedoms of the Zaporizian HostThe European Constitution) is one of the earliest modern significance. The constitution is a Zaporozhye ArmyGethmann.Hetman)Pylyp OrlykWritten to1710Years. This "Pylyp OrlykConstitution.Constitution of Pylyp OrlykIt is commonly known) compilation is to establish the Za Bo Roger of Sweden in the twelve world with the help of Carle-The Ukraine Republic (Zaporozhian-Ukrainian Republic). It is worth mentioning that,It was published before the "spirit of law" established a government legislation, administrative and judicial branch of separation of the three powers of democratic standards in Montesquieu. The constitution is to limit Gethmann's executive power, and the establishment of a democratic election is called the General Council (GeneralCouncilThe Cossack Council). However,OrlykThe establishment of the Ukraine national efforts did not become a reality, the exile constitution has not put into effect.

This period the other European Constitutional examples include "Corsica1755Year "(constitutionCorsican Constitution Of 1755") and Sweden1772Year "(constitutionSwedish Constitution of 1772).

The British in all colonial North America as the initial states of America, they are1776Years to1777Years American Revolution (in the "articles of Confederation" (laterArticles of ConfederationThe constitution of the United States "()"United States Constitution) before this time) issued its own constitution, and expect to Massachusetts, Cone de G and Rhodes island also such. The Commonwealth of Massachusetts (Commonwealth of Massachusetts) in1780Promulgated its own constitution, the constitution is a American than any state to the old still in the running of the constitution; however, Connecticut and Rhodes island state officials still operating under their old colonial charters, until they were in1818Years and1843Years made their first state constitution.

A democratic constitution

The Enlightenment thinkers such as Thomas Hobbs, make some-Jacques Russo, John Locke founded some time we called "Enlightenment (constitution"Enlightened constitutionThe model indicates that the Constitution) mode, government should be stable, adaptable, responsible, open, and on behalf of the people.

1788Years6Month21Approved American constitution, influenced by the British constitutional system and the Dutch Republic political system deeply, and made reference to Polybius, Rock, Montesquieu and other thinkers viewpoint. The document to be a Republican benchmarking, then to be incorporated into a written constitution.

"The constitution of May 3rd ("Constitution of May 3Jan Matejko's paintings, in1891Years), King Stanislaw S of Poland (the left wearing a mink ornate cloak person) into the Cathedral of St. John the Divine, where the house of Representatives swore allegiance to the new constitution; the background is just signed the Constitution in the royal castle in Warsaw.

NextPoland Federation of Lithuania "1791Years5Month3Japanese Constitution ("Constitution of May 3, 1791French ") and1791Years9Month3Japanese Constitution ("FrenchConstitution of September 3, 1791).

1812Years3Month19Days of the Spanish parliament passed a enlightenment constitution in Cadiz, the city is a safe city not only occupied by the French. The Spanish Constitution of southern Europe and Latin American countries are liberal constitution as a model, these countries such as "1822Years of Portuguese constitution ", the Carbonari movement many Italy state constitution (such as the kingdom of the two Sicilies)," Mexico1824Years of constitution ".

In Denmark, Napoleon as one of the consequences of the war, the autocratic monarch lost its own Norway, and with the hand presents a monarchy, the king of sweden. However, people in Norway1814Years of attempting to establish a fundamental system of democracy and freedom of the constitution, the Constitution adopted factor constitution America constitution and the French Revolution; but still as Spain maintains a limited hereditary monarchy.

1867Years7Month1Japan, as the British Parliament promulgated the "British North America Act", "constitution" (CanadaConstitution of CanadaTake effect. The act of speaking East Canada (Quebec), western Canada (Ontario), Nova Scotia, New Brunswick these United Colonies into the dominion of canada. A century later, "the British North America Act" to modify the power was turned over to the federal government of Canada, and increase the "rights and Freedom Charter" (CanadaCanadian Charter of Rights and Freedoms). Since then, as a constitution is known is "1982Year "(Constitution ActThe Constitution Act 1982), while the original "The British North America Act"It is called"1867Year "(Constitution ActThe Constitution Act 1867).Canadian writer and philosopher John·Lasdun Karo.John Ralston SaulThe Canadian Constitution) will be described as"The second oldest in the world and is still in operation of the constitution."

Principles of constitutional design

After the primitive man first began to city life and the establishment of the state, by the unwritten rule in many of the city and the country, while others become relied on regulations and pure will of the individual dictatorship even tyrant system.Such rules lead to some thinkers thought, design and operation of government agencies is not important, important is the rulerCharacter. Platon took this view, he called the philosopher king ruling. Some authors later, such as Aristotle, Cicero,This can be verified from the rule of law and government to design the position of history.

The Renaissance movement sit long many political scientists, they write some implied criticism of the work practice, and tries to find out the principles of constitutional design, in order to create a more effective management of them more equitable. It starts in the concept of law of Rome national revival and its applied to relevant countries, and they also tried to set up a "war and peace" practice, may mitigate and reduce the war. This caused the monarch and other officials have the power, the power source in where, thinking that the abuse of power and other issues of relief.

Since the beginning of the English Civil war,A seminal moment rises in these works, these works include the Lord Protector Cromwell's discussion, Thomas Hobbs, Samuel·Lu Sefu, Levellers, John Milton and James·The works of Harrington, this caused as the support of the divine right of Kings side of Robert Film and another group including Henry·Neville,James·Terrel Algernon Sidney John·Rock, both sides debate. The latter proposes based on a primary basis point of view: the first is the natural law under the natural state, and then according to the established social contract or the contract society, it brings the potential of natural and social law, after the government was formally established on the basis of.

All along, many scholars think that how to design the government is very important, even if the government is the monarchy is no exception. They will also the history of the system of government to do the classification, divided into democracy, aristocracy and monarchy, consider each regime how and why of realization of justice and efficiency, how to combine their respective factors into a balance all kinds of factors of competitive momentum more mixed regime design to obtain various political advantages. Some people, such as Montesquieu, also studied how the government operation, such as legislative, administrative, judicial, can be appropriately divided into several branches.These scholars at that time is the theme of the design is not completely arbitrary orJust a preference. They generally felt that the existence of basic design principles to restrict each government and organization. On these principles may be what before, everyone build these principles in the above sense.

J Bronson (who was later RussiaOrestes Brownson) works try to interpret the constitution designers want to do things. According to Bronson's view, there are three kinds of constitution in some sense: the first is all known as "natural law" (Natural lawThe Constitution (NATURAL)Constitution of nature); second is the social constitution (Constitution of Society), is a not a text for the public to understand the government set up the social contract and the construction of social constitution; the second constitution, the third constitution was established, namely government organization method (A Constitution of government). The second constitutionIncluding such elements, namely by convention (notice referred to as "the Convention") and the establishment of the rules of procedure for decision making. Each of the constitution must contain, and get there before the constitution authority, must also be the historical law and constitutional authority. Bronson points out, the state is based on a determination of sovereignty has effective governance of society, the sovereign to design from the sovereign's performance is established based on the constitutional government is excellent, and that if the government does not accord with the natural or social constitution, so its behavior is "unconstitutional" (Unconstitutional) possible. Bronson also pointed out, not the constitution allowed the written constitution legalized government, but its design must be thoroughly, completely applicable.

Other scholars believe that this consideration is not only applicable to all countries constitutional government, private organization charter; as the aim is to meet the minimum requirements of member Constitution contains some factors, it is not accidental; because they use experience and amend the constitution makes these rules become very similar. Regulations have some problems seem to require additional provisions to solve these problems, those rules can provide a course of action most likely to be omitted and leave the decision. Those in conflict with Bronson and other people can identify the rule is natural and social stealth "constitution", which are often difficult or impossible to be executed, or its implementation will lead to can not solve the dispute.

The design has beenAsSome sub strategies (Metagame), in which the countermeasures include provisions to find the best design solutions and the written constitution, the provisions of the government of the rules of the game, the rules are most likely to achieve justice, freedom and security of the public balance. Nomic is the example of the deck.

Constitutional government

Under normal circumstances, "the constitution" is a word related to a particular set of government rules and principles of nature and authority. Most constitutions are seeking the relation between the regulation of different agencies of the government, in the basic meaning is the relationship between the executive, legislative and judicial departments but also includes interior of each branch. For example, the administrative department can be divided into the heads of government, government ministries and commissions, offices and public management. Most of the Constitution also attempts to set the relationship between private and government, establish the citizen private extensive rights. Therefore, the constitution is a country's basic law, and all other laws and rules layered derivative; in some countries, it is known as the "basic law" (Basic law).

Main features

The following are the main features of all countries constitutional political scientists define exist in one form or another Democratic constitution.

Classification

Classification	Form	Example
Codified Constitutions (Codified)	Single act (file)	Most countries in the world of the Constitution
(uncodified constitutionsUncodified)	All written (dispersed in several documents)	San Mario, Saudi Arabia
(uncodified constitutionsUncodified)	Part (see "unwritten Constitutional Convention ("Constitutional convention))	Canada, Israel, New Zealand, the English

Codification

The basic classification of codification of the Constitution and the law of the constitution. Codification is a constitution contained only in a single file, and the file is a constitutional law only state constitution. Uncodified constitution is not included in a separate file but in a few different legal resources, these resources or written or unwritten (see "the Constitutional Convention ("Constitutional convention)).

Codified constitutions

Most countries in the world have codified constitutions.

Codified constitutions are some dramatic political changes (such as the product of the revolution). Closely linked to advance the process of the history and politics of a country of constitution making process. Legal codification constitution (and usually persistent) is closely related with the process, and some scholars pointed out that the supreme constitutional principle of the state may be decentralization and the rule of law principle against its own.

Codified constitutions often gave the highest position of the constitution beyond the ordinary law. That is, if the conflict between the common law and the constitution, the law of some or all may be the court declared invalid, and because it does not have the constitutionality and overthrow. In addition, the special program also requires the constitution amendment. These applications include: call special constitutional convention or conventions of constitution, an absolute majority of votes, the local legislature's consent, the referendum process and or other than through the common law more difficult constitutional amendment procedure.

The provisions of the constitution may be most basic principles can not be even amendment abandoned content. The amendment in the formal effective constitution violation of these forbidden to do case constitutional principles in any modification, amendment may constitute a so-called "violation of the Constitution ("Unconstitutional constitutional law).

Codified constitutions normally consists of a set of national objectives and the motivation of the declarative Prolog and some contain substantive provisions of chapters. Some countries are omitted the preface, the preamble may contain the belief in God, on national basic value such as freedom, democracy and human rights compliance.

Uncodified constitutions

By2013Years, the world only two sovereign countries do not have codified constitutions, namely, New Zealand and the English; and Israel's basic law also can say is equivalent to the constitution.

Uncodified constitution is the product of centuries of law and practice "evolution". (British Westminster system) compared with the codification of the constitution, uncodified constitutions include written resources, such as constitutional laws passed by parliament, also including the unwritten resources: constitutional practice, precedent opinions, royal prerogative, customs and traditions, such as Thursday's elections; these together constitute the English constitution.

    The written and unwritten; codification and uncodified

In some countries the constitution generally but not completely codification. For example, the Australian Constitution, the most fundamental political principles and rules on government relations of the different branches, the attention of government and private relationship, this part in a separate code, namely, "the Australian Federal Constitution". However, the existence of legal and constitutional significance, namely the law (with West Min JStatuteof Westminster") in1942Accept the bill "(Weiss MinsterStatute of Westminster Adoption Act 1942) by the federal accepted, and "1986Australia act "means that the Australian Constitution is not just a single constitutional document, which means that the Australian Constitution is uncodified constitutions, it also contains a constitutional convention, it is part of the unwritten.

"The Canadian Constitution", evolved from "the British North America Act", "until the1982Canadian bill "to get rid of the British control (similar to the"1986Australia act"), is the same example. Therefore, "the Canadian Constitution" contains nearly30Different regulations.

Although this usage does not technically accurate, but "constitution" (Written constitution)And "codified constitution ("Codifiedconstitution) often do agree to swap, "unwritten constitution" (Unwritten constitution)And "uncodified constitution ("Uncodified constitution) vice versa. Codification of constitution is a written constitution in a separate file contains a portion of the file, no such countries have uncodified constitutions but because uncodified constitutions scattered in other single law of the constitution is not the unwritten constitution, such as the "basic law" or "the Israeli parliament law".

Security

There is no security is one of the basic characteristics of the constitution. There is safeguard the constitution cannot be lawmakers in any form as part of its regular business making common law changes, but through a different and more complex procedures to amend. There may be a special mechanism, for through the constitutional amendment rather than ordinary bill,Members of legislature in favor of the ratio may require more. Rigid clause of the Constitution (Entrenched clause) can create security mechanism of different levels, ranging from simple does not include the legislature usually business through the constitutional amendment, to make neither difficult nor than common law revised in some amendment under any circumstances prohibited.

Rigid is the inherent characteristic of most codified constitutions. Codified Constitution contains one must abide by the Constitution itself changes the rules for. USA constitution is a typical rigid constitution; the British constitution is flexible constitution typical (uncodified constitutions). Some of the text of the constitution may change, the original text of the Constitution in some other countries do not change, the adoption of the amendment after the additional or may cover to the original amendment text or close after.

A constitutional amendment procedure each are not identical. The federal system in the country, state or province, the absolute majority of the legislature approved may be necessary. On the contrary, the unitary state without the need for. All countries in the world and the Federal Constitution, we will find out the details of the terms.

In the flexible constitution, does not need the amendment through special procedure. Lack of rigidity (or security) is a characteristic uncodified constitution; the constitution is not considered to have higher level of law other than the law. For example, in the UK, provisions to amend the Constitution written or unwritten laws by the parliament by a simple majority. No amendment to the constitution of special "("Constitutional amendment) program. "Parliamentary supremacy" (Parliamentary sovereigntyThe principle of any sovereign parliament) will not be constrained its predecessor legislation; no one has more power to legislative council. The monarch is the name has the power to declare war and other major powers such as the head of government, but in practice law and unwritten constitution will these powers are removed.

In reality, the democratic government by the Constitution does not lack of rigidity (Security) to strengthen the will of the government or the abolition of civil rights, although the theory they can do, but to distinguish between the Constitution and other laws are still some randomness,Usually there are reflected in the important legislative past historical principle. For example, some of the "bill of rights" (such asBill of Rights"Bill of rights" (,)HumanRights ActThe parliamentary legislation),Founded in Parliament before, "Great Charter"Is considered to be the basis and criterion of civil rights, which is basically equivalent to the constitution. Some other countries the rights guaranteed by the constitution is by the British Parliament in21At the beginning of the century to repeal or modification, including the unconditional right to a jury, unbiased inferences of the right to silence, habeas corpus by24Hour extension to42Day,The prohibition of double jeopardy.

The absolute prohibition modify clause

The constitution has the strongest rigid terms, i.e. some of their own is the most fundamental principle provisions, countries may be amended the Constitution in any case. According to the constitution has provisions of the amendment to the constitution, in addition to violate the non variability absolute, can be called "unconstitutional constitutional law ("Unconstitutional constitutional lawFinally, for the Constitution), it may be overthrown, the internal or external forces such as, revolution (may claim that by rights revolution to justice), or invasion. India's constitution, the Supreme Court in1973Years ofKesavananda BhartiIn the case of the basic architecture creation principle, the principle characteristics of basic framework is not parliamentary correction. Judicial review, the court established judicial independence, the basic right to free and fair elections as the core, some important features are not modified. However, the Supreme Court did not determine the specific provisions in such absolute rigid constitution. (critical for basic structure principle analysis can be readM.K.BhandariThe work of Professor "the basic framework of the constitution of India: a critical thinking"1993Years, India New Delhi, deep and deep press.)

"Federal Constitution" is a typical example of absolute not amended. In the specified state power (the power conferred by the people)1Tiao Hedi20In article, we must safeguard the people's dignity in the human rights on the basis of, these terms can be applied directly to the three branches of the government, the government of the Federal Republic of democracy, legislation must be made according to the rule of law, people have as a last resort of right to resist, oppose any attempts to abolish the constitutional order. Article3Section79These Provisions shall not be modified, even according to the method of correcting other reservation defined in the constitution, shall not be modified.

"Honduras constitution" is another typical. The constitution has a claim to the strip itself or some other way in any case not correction. "Honduras constitution" article374The provisions can not be modified terms, the original "in any case, the following provisions shall not be modified: before a; this article relates to the regime, international home; territorial, presidential term, ban re-election, clause because it cannot re elected and constitutional reform of the citizen." These cannot be modified in terms of2009The Honduras constitutional crisis has played an important role in the.

Sovereignty

The Constitution also stipulates the state sovereignty. According to the different degree of centralization, constitutional sovereignty can be divided into three categories: single, Federation and confederation. The distinction is not absolute.

In the unitary state, the sovereignty state (inState) itself, and by the constitution. The national territory may be divided into different areas, but these areas have no sovereignty, they are subordinate units countries. In the United Kingdom, regulations of the principle of parliamentary sovereignty sovereignty belongs to the central authority was awarded the Northern Ireland, Scotland and Welsh (not awarded England). Some unitary state (such as Spain) will be more power to the local government, so that in practice China home operation more and more like the federal system.

Federal state has a power of central government rarely, mainly includes the federal government and some local zoning (such as state (stateStateProvince), etc.), these constitute the whole country (StateThe territory). The sharing of sovereignty for the central and the members. The constitution of Canada and the United States Constitution established the federal state, the state power distribution between the federal government and state government. Each area may have their own constitution (single).

The state is divided into different areas, but the central mechanism for coordination of power limited, sovereignty in different areas. The articles of Confederation rarely, so-called "Confederate state ("States) is actually federal often controversial.

To some extent, a group of countries (StatesDo not rely on the treaty and the memorandum) Federation, they will give up part of its sovereignty and the supra national (Supranational) entity. For example, EU countries (Countries) agree to be bound by some EU wide measures of constraint, these measures to limit the absolute sovereignty in some aspects, such as the use of a unified system of weights and measures (Metric) instead of the previous state metrics (measurement) system.

The separation of powers

Constitution often explicitly between different government decentralization, the standard model Montesquieu created is divided into three parts: the executive, legislative and judicial. Some constitutional including the branches of other, such as the right to audit. Branches of power between the different degree of separation, the constitution is divided into different types.

Accountability

In presidential and semi presidential system in the country, Qing and ministers are responsible to the president, the president has the power to appoint and remove the minister. The president is responsible to the voters.

In the parliamentary state. The cabinet minister responsible to parliament, but the cabinet minister by Prime Minister (Minister) of appointments and dismissals. In the United Kingdom and other monarchies, the monarch on the advice of the prime minister appointed and dismissed ministers. Conversely, if the government lost a parliamentary (or parts thereof) of the trust, the prime minister will resign. If the government failed to pass a vote of confidence or, depending on the country, not through the parliament has its important as a vote of confidence of the budget, so the government is not parliament trust. When the loss of trust, the old government should work until the new government set up; sometimes held a vote of confidence is usually normal but not must.

State of emergency

Many of the constitution allows declared in the special situation There's no telling under the state of emergency, some rights and safeguards suspended during this period.This deliberate loopholes allow abused repression of dissidents to enable the government to respect human rights are not. See emergency entry.

The facade of constitution

Italy political scientistGiovanni SartoriIt points out that there are some is used to provide power for the facade of the authoritarian state constitution. Although, these files may be expressed respect for human rights or the establishment of judicial independence, but when the government felt the threat they may be ignored or not implemented. Constitution of the Soviet Union is a typical constitution, the paper provides for freedom of assembly and freedom of speech; however, those who violated the restrictions do not become citizens immediately lose freedom. This example shows that the constitutional protection and benefit is not written by the provisions of protection, but by the government and society and the principle of respect for and protection. With the successful transformation of democratic and authoritarian government, the constitution may be from the real into the window, and then return to reality.

The Constitutional Court

Constitution often, but not always mean, by the judicial system to protect, its mandate is to interpret the constitution, the constitution apply to violate the constitution, announced the administrative and legislative act. In some countries, such as Germany, this function is performed by a special constitutional court, the court can only perform this function. In other countries, such as Ireland, the ordinary courts in addition to perform other functions may also perform the function. While other places, such as the United Kingdom, the concept that does not exist.

Violation of the constitution refers to the constitutional court ruling unconstitutional (i.e. unconstitutional act or legislation). The typical behavior of administrative agencies of public owner can be beyond the Constitution Act of authority. The typical act of the legislative body is by trying some laws, these laws in theWithout first through the constitutional amendment process appropriate is a violation of the constitution before.

In some countries, mainly refers to the uncodified constitutions state, no court. For example, the United Kingdom in the principle of parliamentary sovereignty has been in accordance with the traditional operation, in accordance with the principles of law through Parliament can not be court review.

FromHttp://en.wikipedia.org/wiki/Constitution Translator: "