On The Principle Of Constitution

This article discusses the principles of constitution.Thc main point of the article is that, constitution contains two different types of principles: basic principles and concrete principles, and every type of principle is very impoint to the research and practice of constitution.This article includes introduction and other 4 chapters. Instruction expresses the significance of this article, the analysis on the research of this theme, the topic and the train of thought of this article. Chapter I concern about the general theories of the principles of constitution, including the meaning of the principle of constitution, the basis on which the principles of constitution happen, the relationship of the principles and the values of constitution, and the functions of the principles. Chapter II tries to discuss the establishment of the principles of constitution. Constitution, which is drawn up by the whole people, is a contract about powers and rights. Its purpose and function are all for controlling powers, protecting and realizing rights, on which the principles of constitution is established. Controlling powers, protecting and realizing rights becoming the guiding thought of the establishment of constitutional principles. Constitution is a type of law, so principles of constitution are legal principles too. They are different from policy or political principles, and different from those concrete regulations of constitution. According to the contents and features of constitutional principles, it may make a distinction between basic principles and concrete principles. The former is about the basic relationship between powers and rights, and is a static declaration. But the latter is about the using of the powers and the rights, and is a dynamic norm of action. Chapter III concerns about the basic principles of constitution. Constitution is the cardinal law in a state, and it defines and deals with the relationship between state and citizens, which decides the basic principles of constitution: people' sovereignty, rule of law and human rights. People's sovereignty means that all powers belong to people, and people is the owner of all powers, such as legislation, administration and judicature. In order to achieve more interests, people authorize the state to wield these powers. According to this, human right; are only goal or end. However rule of law is an indispensable mean for the realization of human rights. Chapter IV is about the other type of constitutional principles, i.e. concrete principles. The principle of equality is the precondition of the relationship between powers and rights. The principle of honest and good faith is an inner requirement of the subjects of powers and rights, esp. the former. The principle of proportion is an essential requirement to legitimate using of powers and rights. The principle of due process is a formalrequirement of powers.The conclusion of this article is that constitutional principles are dispensable part of constitution.They are the core and quintessence of constitution. Besides constitutional principles have two types i.e. basic principles and concrete principles. They are different in content, function, features and so on. Research on the constitution principles is very important and significant, no matter in theory or in practice.