The mother

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  • / Author: Aaron Lewis
 The Constitution's mother: your freedom

The origin 1, constitution: your freedom

The constitution from commercial era of personal awakening of individual theory, human commercial era called the capitalist era, it was also the constitution originated in the capitalist era ". Generally, the two most important progress since the capitalist era, human society has made history, human has since gained their national rights, gradually into an earthly paradise, this two big progress are:

A, confirming that the individual freedom is sacred and inviolable;

B, confirm the inviolability of social equality.

The first progress depends on the bill a confirm the right of inviolability of the bill to implement, some countries called the Universal Declaration of human rights, some countries called the "bill of rights", while others put it in the most front position, in human rights above everything else. The second progress rely mainly on the election system to carry out, to show in front of all public resources, the right starting point of every one is equal, open, fair. The two system is the basic system of the state, by the period of constitutional to carry out, therefore, the two great progress in the capitalist era of human society can be attributed to a basic system: campaign constitutional system. Or: so far, the greatest achievement of human society is the constitutional, campaign constitutional for future constitutional foundation.

Obviously, the two big progress, freedom is the basis of equality, but also the mother of the constitution. This freedom has its specific identity, it is: people, for you, is your own. Therefore, freedom is the mother of the constitution, your freedom is also the mother of the constitution. This is the most convenient way for you to understand the complicated law, society and even the universe, religious relations.

Your freedom is divided into two parts, the maximum level, the most original, the most potential part belongs to the "no" category (boundless, unable to describe, each are not identical), or natural reserve category; a small part is determined by the law of part, belonging to the "a" category ", or by the law clear" category: Law, law, law (others) ( countries) will deliver (you).
2, your free natural reserve, boundless, not subject to any restrictions and fetters even constitutional constraints


Your free supreme, although the Constitution provides you the right, the benefit from it: to become the law of the most high, the mother of all. However, your boundless freedom, constitutional provisions can not do it if you right, all no provisions, provisions, the provisions can not cannot, unable to describe, and your mind go hand in hand, natural reserves, not subject to any restrictions and fetters human even constitutional constraints. Your freedom is not prescribed by constitution, other laws can also because the provisions, expand your freedom and become the law of the most high, so American constitution stipulates: "the Constitution and the law are the supreme law of the land" America [2], judicial review standard is not established the constitution, which is being established on the basis of constitution behind: the freedom of the people. All violate people's freedom laws, including the Constitution itself, is unconstitutional laws from first to last, do not have the force of law.


3, your freedom the highest legal protection, damaged or v., lossy, save


Some have been developed, find your freedom, or all the human beings, can be provided from a legal point of view, the operation part should be by the world, national, international, domestic various organizations using all the law can operate it set down, once encounter damage, you may bring the request to the corresponding mechanism until the litigation, protection. This damage once confirmed, the perpetrators must remedy, or by the state remedy.


Freedom is not the same, not the same thing how to operate is the last problem of God to human beings. This problem is by lawsuit mechanism to solve the problem: using a different mechanism to cope with various different demands, then one by one to meet these demands mechanism, this mechanism is the "state action mechanism". National litigation mechanism clear two basic principles, one is all rights should be actionable rights; two is the national officials must make a decision on all rights litigation, or refuse to the referee or the crime of malfeasance crime. This is also for hundreds of years, people have been like worship the same God worship the constitutional makers the wisdom of the specific causes of the. This wisdom is to free operation method: relative operation method or a reverse operation method.
The body: the state is not free


1, the state is a man-made machine, ordering people = people of disaster


The car is a man-made machine, if the car free to boss people around, so cars and drivers will be at its end, has seen a car do not allow automatic derailed and bring benefits? No. The state and the car exactly the same, but also a man-made machine, people are the establishment of the state, in order to make the country heard beck and call, serve the needs of the people. Have seen not listen to orders even self freedom, justice and education in its turn, to boss people around, the transformation of the state, eventually bring benefits? Also No.


The history of mankind, people about country only fascist Germany, militaristic Japan, Mussolini's Italy and the planned economy period of the former socialist countries, make people to conquer the foreign, the anti foreign occupation of the defeat; use the people to develop the economy, resulting in a famine, whatever the motive, and by what means, to achieve what purpose, use people's national final to human in spirit, moral, legal, material production and other fields with a devastating disaster, and directly brought national self disintegration, national unity, national regime collapse and so on problem difficulty. These make the country ordering people theory, look for the country, the people, actually a country, people. Because the original author of these theories seem just don't believe that some people, in fact on the part of people doubt will naturally extend to anyone, including his own. Because don't believe in yourself, don't believe people, so it requires the state or organization, a man-made machine, be like God himself, the transformation of their own education, leadership, control their own, from the heart of this servility to them no matter in what is, in the end can only be an unrealistic dream, can only make a hell on earth. This has been the 17 countries, billions of people in slavery, hundreds of millions of people life proved the most simple thougt known conclusion, still need us to whitewash in twenty-first Century? Can't. Great country, in any case, is a man-made machine. Use the machine, either the car or the country, no matter how beautiful, only to the people of disaster.
2, the state of freedom has two components


The free state of freedom from the human, and human freedom has two components corresponding to the state of freedom, also has two components: "no" and "".


For the first part of the "no", we have made it very clear: "the rule of law, to the country, is no provisions of law are prohibited; for individuals, is no provisions of law are free". And thus laid a few basic principles of law, that is: the law of non retroactivity, Congress shall make no retroactive law; the law must be clear, have maneuverability; not clear legal interpretation must not infringe Haramoto Yoshihito retains the freedom. However, these principles grounds where, today it is clear again:


The individual is prior to the state, born prior to a man-made machine, personality right is prior to identity right; national great, in any case, is a man-made machine, use the machine, either the car or the country, in any case scenario, only to the people of disaster.


For the second part of "a", that is, that the law has clearly defined, countries must otherwise be strict in one's demands implementation, will be prosecuted, country litigation system. At present, investigated the national not for or abuse for litigation system mainly has the "judicial review" and "administrative lawsuit" two, developed countries are basically pursues "where rights can litigation, and litigation is the referee" policy, and the establishment of the "refused to judge crime", "crime of malfeasance" special punish dereliction of duty workers, to ensure that the demands of people can be met and reply.
The essence of freedom: check your (up) to the state is not free

To sum up, although the Constitution stipulates that the people's freedom and rights, also stipulates the rights and responsibilities of the state, but these provisions only constitutional the tip of the iceberg, partly by more of our own experience, subtlety, the Constitution and the constitutional freedom lies in: through these tangible, for all visible and invisible world establishment a basic order, the establishment of a basic principle for all known and unknown testimonies, it is "person prior to the state", "you (have) free check on the state of freedom", the latter is the essence of the Constitution and freedom.

Therefore, the Constitution and it is the fundamental law of the state, as it is the fundamental law of human rights, or a little more clear, as it is the fundamental law of the state ordering people to prevent. The Constitution does not provide the right man, by natural reserves, countries have maintained their obligations are not infringed the constitution has provisions; things, the state must
The execution, and have to perform. Whether as or not as, countries do not have any freedom
Freedom is one of the most beautiful words


One thing I have to heart is the word: freedom in Chinese always pejorative, not a commendatory term. Because of this, Zhu Xueqin explained in his freedom to the first statement, he said that liberalism is not "free", Mao Zedong "is not mentioned in the opposition Liberal" tricks and spitting.
In fact, freedom in the history of human thought is always a positive word, is a good word, can say in all value the human life, freedom is a best value.
Chinese is hate freedom, because we never had this thing, for thousands of years of monarchy behoove is to belittle, suppressed freedom freedom. Freedom is our most lack this oriental country, so a word but also the most sensitive.
I think the best reason why, freedom, not to say, for every unwilling slaves to do one's Chinese, don't try to convince him, persuaded him, let him believe that the value of freedom. We just need to eulogize freedom. Whether poets, scholars, farmers, workers, we have to eulogize freedom. Let the word freedom becomes one of the most beautiful word from word in our China.