The American Constitution's Origination Of The English Common Law

With the historical, comparative and valuable methods and beginning at the analysis of the formation and the character of English common law ,the author has probed focusably the topic about the American constitution's origination of the English common law.The paper consists of three chapters in which the characters add up to about 50000.The first chapter researchs archeologically the formation and characters of the English common law. As a law of case and with local custom as its content, the English common law is a by-product of the strengthening of King's power and centralization and forms in King's courts. America has recepted the English common law .The second chapter tells us that the American constitution has recepted the theory of "Lex,Rex"and due process of law and a theory of a higher law. The last chapter explores the meaning of the topic "the American constitution's origination of the English common law "and insists that we should respect the historical traditions and realize the definition of ration and choose suitable way of constitution changing when we construct constitutional government in China.