The relationship

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  • / Author: Aaron Lewis
The seventh chapterThe relationship between the lecture outline
The first section outlines the constitution relationship
    Jurisprudence, legal relationship is formed in the process of the legal norms to adjust people's behavior in the legal rights and obligations, legal relationship is a kind of special social relationship.  
    The constitution is the constitutional basis for standard produced in the relationship between the main constitution, the relationship between rights and obligations prescribed in the constitution as the basic content of the social and political relations.
N     By definition:
  1 constitutional relation is stipulated by the Constitution and the adjustment of social relations.
  2 constitutional law on the basic rights and obligations of the set, and generating real constitution relationship cannot, and must be based on certain legal facts.
Feature (teaching material view)
N     The constitution relationship is legal mode specific social democratic political relations, carries on the adjustment to the political relationship.
N     Constitutional relation is the most basic legal system of social legal system
N     Constitutional relation was adjusted according to the constitution, is the embodiment of the constitutional relation and reality
N     The relationship between the Constitution Constitution subject of static constitution, constitutional rights and obligations, and between the main interactive way
N     The relationship between the main constitution is the constitution of factual relation, value relation between subject and the Constitution
The main section of the second constitutional relation (omitted)
N      Definition
   In the constitution adjustment of the basic social relations, and enjoy the constitutional right, fulfill its constitutional obligations of citizens and organizations.
The relationship between the main constitution of our country are: national, state organs and citizens, civil servants, voters, the election commission, business organizations, political parties, social organizations, and organizations, national armed forces.
N     (a) citizens
 
   The political relations between the historical change is citizens become the premise constitutional relations main body, people became the national sovereignty owners, individual to citizenship enjoy political rights, participation in state affairs, become integrated subject in political relations. Citizens for its equality, freedom, the initiative to become active subject factors for the constitution relationship
N     ① Equality: all citizens are equal before the law.
Free of: citizens freedom of will and the Constitution and the law of free political activity.
The initiative : actively participate in social and political life, with its will and behavior reaction of social, national and other citizens.
 Thinking: the constitution of our country lack of social participation?
N     (two) state
National history is the relationship between the main constitution has become an important condition. Modern constitutionalism is based on against feudal autocracy, the absolute authority of the state from the past have evolved into the subject of constitutional relation power holders and duty, state organs is the main way in the constitutional relations in the country.
The legal: legal status of countries is established by the Constitution and the laws, the state power in the constitution should act within the scope of license.
Mandatory national power: the Constitution gives the state political power, regulate the social members, maintaining social health, operation mechanism.
 The state as a subject of constitution is to state organs as the carrier, the state organs is a form of existence in the constitution relationship in the country.
Other subjects
 
The Constitution in a wide range of content, thus by constitutional norms are subject to take the constitutional rights and constitutional obligation.
The state organs, state organs can be involved in the constitutional relation to national identity; state organs at the same time also independently in their own name to exercise and the rights and obligations of constitution.
The ethnic, national constitution general provisions of the status and rights of national. In this case, the nation has become the subject of constitutional relation.
The party, party and the existence of a legitimate activities is the modern state constitutional monarchy was necessary factors of effective operation, although most countries constitution on party bear the constitutional rights and obligations not clearly defined, but the party is undoubtedly one of the important subjects of modern constitutional relation.
The interest group, from the interest group on relationship between constitutions and constitutional civic and national important connection
The third sectionThe constitution relationship content
N     The constitution relationship content (content)
   A, power -- right relation is the basic kernel of constitutional relation
                    The public              Private rights
A few points to help understand:
N     Power, the specific main body because they have certain resources or advantage obtained dominate others or influence others in strength.
 "Power is a kind of purposeful control other people's strength, is composed of violence, wealth and knowledge of the three"
                                             -- "transfer of power"
 
   We talked about today's power is that the political power or authority of the state, is also called by some public power and public power
N     The right is produced in the society, and to a certain social recognition as the premise, by its owners enjoy the rights and interests of independent.
   Interest is a right of the main form of expression, is the reality of the power
N     First, the power comes from the right
N     Second, power is generated for the maintenance of rights
N     Third, right superior in power
Several propositions of textbooks
N     The relationship between power -- right determines the nature of the constitutional relation
N     The relationship between power -- the right to decide the basic structure of the constitutional relation
N     Power -- right relation is reflect the legal status of the subjects of the constitutional relation
N     The conflict and compromise of power -- right is a basic form of constitutional relation operation
N     The interactive relationship between powers -- rights to promote the development of the constitutional relation
Two, the rights of citizens to restrict the state power is the basic spirit of the constitutional relation
N     The right to restrict the power is the people's sovereign status decision
   The essence of power and rights is the relationship between the society and the public subject and member, but in the final analysis is the subject of the right people, enjoy the rights and power, therefore, the right is the origin of the power. Power is the product of security rights.
N     The basic ways and means to restrict the right to power
Three, mutual restriction of state power is an important supplement to the right to restrict the power of
The fourth section of the constitutional relation object
N     The behavior of constitution is the object of the constitutional relation
N     Acts of constitutional rights
N     Constitutional power
N     The unconstitutional act