The meaning of the constitution

 

The meaning of the Constitution
The constitution of a word are imported, and constitution mainly originated from the west, so mainly to see the evolution of the western constitutional one word

(a) the evolution of the western "constitution" of the word

1, the meaning of the word

Western constitutional term constitution or constitutional law comes from the Latin constitutio, intended for the organization, rules, order etc..

2, the evolution of the word: (five periods, mainly explain the progressive and struggle of the constitutional development)

Tong Zhiwei: the constitution includes three aspects, namely, the first relates to people's power, the distribution of power, all power belongs to the people who? The second piece is about the state power, power this thing, how it in between the state organs of internal distribution? The transverse distribution? The longitudinal distribution? Third block is right, the retention of right, how does it support? How in the intermediate distribution people? The Constitution says is the three block, in terms of its reality, it is mainly two: the configuration and specification of power, and the right distribution and protection.

1, the period of ancient Greece, representative philosopher Aristotle in "the one hundred and fifty-eight constitution" in one book, according to the nature and role of the laws of the city into the common law and the Constitution (about organization of state organs and authority of law, including citizenship, civil rights and obligations of law and state agencies, administrative institutions and the selection of judges, maturity, responsibility of the law). Part - focuses on the state power and civil rights.

2, during the period of ancient Rome, the constitution refers to ancient Rome emperor edict promulgated by decree, order, etc.. -- that the framers of the Constitution and variability, similar words America constitution is "the mouth of the constitution"

3, the middle ages, the constitution is used to represent the church and the feudal privileges and their relationship with the state law. (at the time of the power of the church was very large, and the secular society to the emperor against, so there is a Western proverb: God be God, Kaiser to Kaiser) -- mainly reveals the national power distribution.

4, the end of the middle ages, constitution becomes the Constitution and legal provisions of law, national political system. -- this is the product of bourgeois revolution in Britain after the fight, the lessons in blood in the victory of the revolution, people know that fruits should be affirmed in law.

5, 17, eighteenth Century, the popular sovereignty gives new meaning to the modern significance of constitution, constitution form. The constitution is based on the separation of the three powers that ruled on the right, at the same time the written constitution produce, function of each regime and their relationship. Its essential characteristic is that the constitution must limit the national power, to guarantee the basic legal rights of citizens. The outbreak of the European bourgeois revolution, promote the further perfection of constitutional development.

(two) Chinese "constitution", "constitution" the evolution of meaning

"Shang Shu", "said life Mandarin, Jin nine", "pipe · seven method" and "Kangxi dictionary"

The general features of ancient China's "constitution" pass "method", which is the legal system of our country belongs to the law is not fit, punishment, so it is completely different from the modern sense of the constitution.

In Chinese, "the constitution" of foreign vocabulary, mainly by the Japanese influence.

Chinese earliest use of modern sense of the word "constitution" is the end of the Qing Dynasty thinkers Wang Tao, Zheng Guanying, et al.

In 1908, Qing Dynasty promulgated the "imperial constitution outline", the constitution as a term used in the fundamental law of the state to be confirmed. (the constitution is more consideration from the military point of view, the other is the constitution of the state are rich, were issued, all powerful, so they have we have, we must be strong, we must have the Constitution)