Constitutional Amendment Theory And Institutional Research

Amendment to constitution is the national reaction to the change of social reality, the measure to resolve the conflict between constitution and reality, the work implemented according to the constitutional procedure by the authorized or stated body, the important part of the constitution as a system, and the important research on constitutional theory. This thesis aimed to provide you with a full view of the fundamental theory and the system of constitutional amendment.Constitution can be amended, and must be amended on certain conditions. There will necessarily be conflicts between the static and rational constitution and the changing and uncertain reality, and amending is an important answer to this question, but it should be limited. The amendment should abide by the soul and the prime principle of constitution, for the right to amend is limited; the amendment should not be arbitrary for the stability value of constitution; the amendment should take the cost and profit into consideration. The reasonable limitation on the amending may avoid the arbitrariness and the tendency to treat the amendment just as a tool, and keep constitution authoritative and stable with the improving of its adaptability.Only under the right amending theory, with the scientific amending system and by the reasonable limitation, the proper relation between the adaptability and the stability of constitution can be established, the rightness of amendment can be assured and the purpose and the value of amendment can be realized. As to the relation between constitution and reality, the value of constitution, based on the acceptance of the value of reality, should be emphasized more, the whole skeleton of constitution should be maintained, and the specific amending rules should be explored and laid out with the traditional constitutional value and within the constitutional framework. The center of the amending system is the way and the procedure to amend, and it plays a significant role in regulating, limiting and enhancing the amendment. In this thesis I tried to analyze the foreign amending system by comparing.As our constitution has been amended several times, we have our own features of the amending reason, the amending content, the amending way, the amending procedure and soforth, and our own amending experience. Although our amendment has been more and more reasonable, there lies some deficiency. Based on the analysis of our amending fact, I studied how to regulate the amendment, and presented my opinion.