The Constitution (constitution, constitutional
law) is the standard of national power and guarantee the basic rights of citizens, provisions of national fundamental system and fundamental task, the basic society to adjust the relationship between state and citizens and other social main body, has the highest legal effect of the fundamental law of the state.From the constitutional concept, as can be seen, the constitution as a department law, must like other law, is the basic feature: they are reflected by the ruling class will and interests, are national force behavior specification etc..However, the constitution is different from the common law, has different characteristics from other legal departments.These characteristics are mainly shown in the following aspects:
(1) the most important content of the constitution, the most fundamental.The constitution as the fundamental law of the state, it is the adjustment of the fundamental social relations, is the fundamental rules, the most important question.The fundamental task of citizens basic rights and basic social system, economic system, the state of state, is the basic content of the constitution.The relationship between state power and civil rights, is the most fundamental social relationship to a country.The constitution of all countries in the world to adjust, is the most basic relations, state power and civil rights so, constitution is also called "power controlling law" and "human rights", or "the state power control law" and "civil rights protection law".
Therefore, the constitution content is the national life of the most fundamental, the most important question, is the legal basis for the state and civil activities.Each department law (common law) is based on the contents of the constitution, the fundamental task specific provisions required to achieve and protected by the Constitution and make, the only national and social life of a particular aspect of the problem, with respect to the constitution only partial social phenomena and social relations.
(2) the legal status and legal effect of the constitution is the highest, with the highest of.Because the constitution content, is the fundamental problems in national life, is the foundation of legislative activities of country, so it has legal status and effect of the highest in the whole legal system countries, the constitution is the fundamental law, "the supreme law" "".This is an important feature of the constitution as a fundamental law.The constitution is the basis of legislation of common law, the two is "mother" and "son", the common law and constitutional conflict cannot be otherwise invalid, therefore, the Constitution and the "law on the law".Similarly, the constitution is higher than any organizations and individuals, it is the highest standards of behavior all state organs, political parties, social organizations and citizens.
(3) the most rigorous formulation and revision of the constitution procedure.Because the constitution is the fundamental problem of the country, has the highest legal effect, which has also decided the formulation and revision of the constitution procedure is different from common law, and generally need to go through more specific procedures for strict, complicated than common law.The formulation and revision of the constitution is by special constitutional amendment proposal proposed by special subject, the constitution, constitutional authority to enact common law; by the legislature, but must be special constitution, constitutional authority of the constitution, and the formulation and revision of the Constitution also must have the special by and approval procedures.
(4) the provisions of the Constitution with strong political.For example, China's "constitution" the preface and summary of some of the provisions of......
(5) the contents of the Constitution with high adaptability.