The Constitutional Basic Principles And The Intrinsic Links Between Themselves

The issue about the Constitutional basic principles is very important. They origined from social practice and corresponding theory in specific time. Then, they instructed the formulation and the implementation of the constitution on this basis. This article is to elaborate the constitutional basic principles in modern and contemporary times. They origined from the 14-16th century Renaissance and Reformation, and formed in 17-18th century Enlightenment and the afterwards bourgeois revolution along with capitalism economy development and the liberal ideas'awakening.Finally, they became"the principle"to instruct the formulation and the implementation of the bourgeoisie constitutions. Nowadays, they expand gradually to the various countries and instruct the implementation of these countries' constitutions and the government'practice. At the same time, they maturely consummate gradually. They hold good universally and include: the people's sovereignty principle, the human rights principle, the principle of power by restrictied, the principle of rule of law.It should be said that the four principles are the basis of the Constitution,and the Constitutions is the carrier of the four principles.The people's sovereignty principle establishes the legitimacy of the Constitution; the human rights principle declares the key goal and values of the Constitution; the principle of power by restrictied builts up a pattern of the use of all public power including state power; the principle of rule of law establishes the basic track of the whole social development. Fundamentally speaking, the latter two are both former ways and means to achieve the former two. However ,only on the basis of the four basic principles the Constitution can be rational and effective.In addition, or more importantly, how to deal with the relationship between the four basic principles of the Constitution may directly determine the effective implementation of the Constitution. The four basic principles are an organic whole,just like a human body.A man may get sick because of the inherent disorder of the organism.Similarly, contradiction and conflict can be arise between the four basic principles because of their different nature and content,or because people's different understanding and application to them. And the whole constitutional system will go straight routedly if such contradiction and conflict are not promptly resolved. Therefore, in the studying of the four basic principles of the Constitution, we can not only explore their development history, but also further tap the inherent links and contradictive movements between them.However, the author found that there exist very serious promblems both in academic research and practice on the Constitutional basic principles. Since restricted by the article length and the author's ability, the author will mainly carries on the elaboration on the academic level. Generally speaking,this article has two emphasis—first:the relationship between the four basic principles and the Constitution; second: the inherent links among the four basic principles. And these above two points are the weakness of the current academic research on the constitutional basic principles.