Research On Constitutionalism And The Constitutional Government Construction In China

Constitutionalism is the concept of ancient regime and subjective idea that limiting and supervising government to guarantee citizen rights according to the enacting and running of constitution. Constitution is the premise of constitutionalism, constitutionalism is the realization of constitution in social activities. Constitutionalism is the limitation of government by law, as prescribed by a constitution. Constitutionalism implies also a balance between the power of the government on the one hand and the rights of individuals on the other. Typically, a government can be considered constitutional if it possesses the following four limitations:The legislature can convene and cannot be dismissed by parties other than itself..Courts, once appointed, are independent of the legislative branch. The executive branch cannot appoint ministers unilaterally without the approval of the legislative branch. Only the legislature can make laws, although a veto power might be delegated to an executive official.The constitutionalism is the result of the western social history and development process in several thousand years, is the root plant in traditional soil of western culture. There are two sources of constitutionalism: the contractual spirit and the Christian theory about human nature. The Constitution of the United Kingdom is codified, consisting of both written and unwritten sources. There is no technical difference between ordinary statutes and law considered "constitutional law." Therefore the Parliament of the United Kingdom can perform "constitutional reform" simply by passing Acts of Parliament and thus has the power to change or abolish any written or unwritten element of the constitution. The constitution is based on the concept of all sovereignty ultimately belonging to Parliament (Parliamentary sovereignty), so the concept of entrenchment cannot exist. The lack of a central written constitutional document explaining the fundamental principles of the state and relationship between its institutions and the people leads some constitutionalists to regard the United Kingdom as having "no (formal) constitution." The phrase "unwritten constitution" is sometimes used, despite the fact that the UK constitution incorporates many written sources, statutory law being considered the most important source of the constitution. But the case remains that the constitution relies far more on unwritten constitutional conventions than virtually every other liberal democratic constitution.When scholars talk of constitutionalism, however, they normally mean something that rules out Rex's case. They mean not only that there are rules creating legislative, executive and judicial powers, but that these rules impose limits on those powers. Often these limitations are in the form of individual or group rights against government, rights to things like free expression, association, equality and due process of law. But constitutional limits come in a variety of forms. They can concern such things as the scope of authority; the mechanisms used in exercising the relevant power; and of course civil righs. Constitutionalism in this richer sense of the term is the idea that government can/should be limited in its powers and that its authority depends on its observing these limitations. In this richer sense of the term, Rex's society has not embraced constitutionalism because the rules defining his authority impose no constitutional limits. Compare a second state in which Regina has all the powers possessed by Rex except that she lacks authority to legislate on matters concerning religion.The Constitution of the People's Republic of China is the highest law within the People's Republic of China. The current version was adopted by the National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions--those of 1954, 1975, and 1978--were superseded in turn. The Constitution has five sections: the preamble, general principles, the fundamental rights and duties of citizens, the structure of the state, and the national flag and emblems of state.