Constitutional Amendment System Research

The studying of the system of constitutional reform, which is an important part of constitutional systems, plays a great role in the practice of establishing, perfecting the system of constitutional reform, and directing the reform of constitution. This paper focus on the theory of it and the establishment, present state and improvement of it in China, as well as the characteristics and rules of the practice of constitutional reform in foreign countries.The system of constitutional reform is closely related to the action of constitutional amending. So it is necessary to understand necessity, principle, limit of the constitutional reform and the interaction between reform and stability of constitution. I try to bring forward and discuss six chief principles in this paper. The core of the system of constitutional reform is the manner and procedure with which the action of constitutional amending is conducted. Completely amending and partly amending, both of which has advantages and disadvantages, are two kinds of the manner, accompanied by a very special one called 'invisible constitutional reform' that coming from the practice of constitutional reform. Now the question is how to restrict the enforcement of it in a proper way in order to overcome its negative effects. The process of constitutional reform consists of the procedures of proposing, deliberating and voting, and promulgating.which can improve the quality of constitutional amendment and promote constitution enforcement by limiting the constitutional reform. The studying of the characteristics and rules of the system of constitutional reform in western countries is useful for the purpose to perfect ours. From the constitutions of Britain, the U.S, France, Germany and Japan, I try to generalize the common properties, distinction and rules of development of the western systems by comparing the written constitutions with the unwritten constitutions, one kind of written constitutions with another.Chinese system of constitutional reform stepped from pure norms of constitution to a state at which there are both norms and practice. The existing system is characterized by its special organs, manners and procedures of constitutional amending, and still has some weaknesses though its basic contents are applicable and scientific. The author of this paper suggests and elaborates seven particular measures, with the expectation that system of constitutional reform of China will be improved.