The fundamental principles of the constitution, the principle of the rule of law
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/Author:
Aaron Lewis
The principle of the rule of law and the center of real meaning is to the state power restriction and respect for individual rights, is put forward in the process of the bourgeoisie against the feudal autocratic rule in the corresponding is ruled by man.
The connotation, the rule of law
The rule of law or the supremacy of law, the rule of law that the rule of law rather than rule.The rule of law to clarify first "law" concept, namely the natural law and positive law, the 2 law contains the same understanding that the government set up, the scope of rights, operation rights attached to the program must abide by and comply with the legal provisions of the presupposition, equality before the law, implies that the government respect for individual rights.
Fundamental distinction between rule of law and rule of man is the legal authority over the individual authority, two appear contradictory, personal authority subject to the authority of law.The authority of law than personal authority, by the legal authority is the basis of rule by law.
From the constitutional provisions and practice of various countries, the rule of law is in the highest position of the constitution or laws to manage state affairs, state power stems from the law set by law, national power distribution, scope and procedure of exercising the rights.
The core contents of the rule of law:
The constitution is the supreme law of the country
Authorities and officials to govern the country according to law, in accordance with the law
The Constitution and the law is the law, justice
Everyone is equal before the law, against the privileged, guarantees the freedom and rights of citizens
The opposition to the Constitution and the law, since the
The principle of the rule of law:
On the basis of law government, requires the state and government must obey the law
Treat every member of the society of equalityRequirements, equality before the law.
History two, the theory of the rule of law
Aristotle put forward the idea of rule of law
Modern rule of law theory, Rousseau, discusses the system of the rule of law theory, the founder of the modern theory of the rule of law, people have the legislative power, the rule of law and the Republic combination, rule of law means equality
The 1959 India declaration of Delhi, expounds three points
60 years American natural jurist Fowler proposed eight principles of the rule of law.
Three, the principle of the rule of law embodies in the constitutions of various countries and the system of
The principle of the rule of law has the form in the constitutions of many countries:
1, announced the law
2, in the preamble to the constitution declared the country under the rule of law,
3, do not directly use the rule of law ", but from other texts can clearly show that the constitution is the law as the basic principles
4, use the "fundamental principle" chapter name or the legal and political system in other chapters.
Four, the provisions of our Constitution
1, as amended in 1999 5 paragraph is added, the people's Republic of China to implement the rule of law, building a socialist country ruled by law, the formal establishment of the principle of rule of law
2, the preamble to the constitution stipulated in the constitution has the highest legal effect, all the political parties, groups, organizations and individuals must be in the range of constitution and laws
3, the general program state regulations safeguard the uniformity and dignity of the socialist legal system, no organization or individual may be beyond the constitutional and legal privileges
4, in the civil rights and obligations provisions, all citizens are equal before the law, citizens' personal freedom shall be inviolable, citizens have the obligation to abide by the Constitution and the law
5, in the state agencies, courts and procuratorates exercise judicial power independently and supervision power, not by administrative organs, social groups and individuals.