On The Normative Provisions Of The Constitution

This dissertation clarifies the general theory of normalization of constitution in the first part. Firstly, normalization of constitution is defined. Secondly, we discuss the standard of normalization of constitution, which is accuracy of language, completeness of element of rule, strictness of logical reasoning, determinateness of content combination, integrity of structural system. Finally, we argue that the normalization of constitution has a great significance on the realization of constitutional value and the construction of the legal society.The second part of this dissertation is about the relationship between the norm of constitution and the norm of common law and between the norm of constitution and constitutional article. We point out that the norm of constitution, as a special norm of law, contains all the characteristics of the norm of common law, as well as some differences. Then we get the conclusion that the characteristics of the norm of constitution are fundamentality, supremeness, political nature, universality, principled nature and generalization, special nature of sanction, adaptability and stability. As the same time, we point out that the norm of constitution is different from constitutional article.The third part makes a detailed analysis of the present situation of the normalization of constitution articles in China and the Western countries. We argue that the constitution in our country has some phenomena which are not so normative, especially in the aspects of language, element of rule, logic reasoning, content combination and structural system. However, the constitutional countries in the West have a higher degree of normalization than our country. So we finally make the conclusion that the difference in the normalization of constitutional articles between China and the Western countries is due to the factors such as different structure of language, divergent tradition of the culture of laws, and diverse constitutional techniques.In the fourth part in the respects of form and content, we put forward an approach to improve the normalization of constitutional articles in our country.