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Difficult To Tame The Power Of Unruly - German Constitutional Difficulties Because

Posted on:2012-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:X L WangFull Text:PDF
GTID:2206330332490556Subject:Legal history
Abstract/Summary:PDF Full Text Request
Reason about the German Constitutional---the power of powerful and difficut to tame. Essence of the Constitution is that limits state power to achieve the goal of protection of fundamental rights of citizens. As U.S. President George W. Bush has said "shut the power cage "it "will not harm",so that ensure social rights and freedoms and limits the power to become the most core constitutional nature. The process of constitutional which is the process of to limit the power of those in power。However, based on the power of greed, unfettered nature, this process is risky and difficult undoubtedly.Germany's constitutional history, largely through five stage: the extension of power states, power founding ,the Weimar constitutional short spring, unbridled power, reborn after the robbery - inside and outside the force under the constitutional reconstruction. The First two stages is that the power to become giant of Prussia from a children, then dominated the giant power of all the Second Reich, and strongly suppressed the development of constitutionalism. Stein reform, the Revolution of 1848 ,1862-1866 four-year constitutional dispute are three times of the German constitutional efforts, the constitutional power vulnerable in front of the sturdy power. Ultimate power to turn the tide again, through three dynastic wars completed the unification of Germany. With unity comes the Junker Bismarck to create the dual system of constitutional monarchy of the Second Empire, Constitution of the Second Empire in 1871 to limit the power of the effect is minimal, in fact, that is imperial tyranny of the "fig leaf",in the name of constitutional, authoritarian practice. Power in the national independence and reunification undoubtedly played a positive role, but for constitutional development in Germany is not optimistic. Power under the protect of Constitution of 1871 expansion, which is single-handedly built the Bismarck prime minister ,and ultimately ignited the First World War. After the war, the victors of the policy does not destroy the power of predatory forces, killing power ambitions, but to "the Treaty of Versailles "has become the fuse of the power of revenge for the demise of the Weimar Republic foreshadowed. The Weimar Republic achieve a true parliamentary democracy which is the exceeded the mandate to there volution of 1848 , has brought the German constitutional spring. However, the Republic, built on the base of the power ,neither the constitutional mentally prepared to do, and no system of constitutional protection. "Weimar Constitution" gives the president the power of imperial, Administrative principle of proportionality is full of loopholes, Hitler to take advantage of the economic crisis, "legal " seizure of power, the establishment of the Third Reich, Power again bring the German eventually boarded to the Chariots of Fire.People of the world encountered wars and calamities again.After the war, the victors began to keep a cool head on Germany's policy, rather than destructive looting. After a series of democratic reform, constitutional efforts to the success in the Federal Republic of Germany. Federal Republic of Germany "Basic Law" lessons 1848 Constitution and the "Weimar Constitution, "the constitutional lessons, learn from Britain and other countries to limit the power of advanced mechanism, establish a unique mechanism of checks and balances: "constructive no-confidence vote" system, a mixed election system, open system of constitutional review. Of course, this is also inseparable from the traditional power of the German people for self-examination, reflection, and restrictions on the victorious powers Policy. After German reunification in 1990, the "Basic Law" had a slight adjustment, and as the constitutional law after reunification, has successfully embarked on a constitutional path.
Keywords/Search Tags:Germany, Power, Constitutionalism, Reason
PDF Full Text Request
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