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On The Limitation And For The Government Under The Constitutional Dimension

Posted on:2006-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:M XueFull Text:PDF
GTID:2206360155966136Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The relationship of constitution and administrative law in practise aspect reflects as constitutionalism and administration rule by law interdynamic among, the culture of constitutionalism offers theory support and road for the fact that rule by law and build administratively to guide, the administration rules by law and regards spirit of constitutionalism as the starting point and belongs to depending on. Under the circumstances that the doctrine human rights of the constitutionalism ensures requiring, on one hand administrative power should be controlled strictly, should positive conduct on the other hand, with have for to get out of and echoing the above demand government limited government, should become the focal point of construction governed by law of the administration.This text is on the foundation that is combed to the meaning and developing history , constitution , administrative law relation , constitutionalism and relation governed by law of administration of constitutional government, prove modern extensive expansion of executive function cause and then administrative inflation of power infringe citizen's rights and interests seriously actually especially, So need to belong to limited administrative power in order to ensure citizen's right again with the settlement of the appropriate government's function, providing oneself at the same time carries on our country limitedly and has for the idea of government's construction. Full text outside preamble conclude the speech , divides into four parts altogether.The first part is mainly through rule by law to constitutionalism, democracy and human rights three intension key element analytic, traditional constitutional government doctrine transform into new constitution political criticism and constitution and relation of constitutionalism prove, focal point lie in is it analyse to administration governed by law constitutional government idea background , rule by law for administration relevant theory and institutional improvement offer theoretical foundation and foreshadowing to go on.The second part concerns on the constitution and administrative law mainly, constitutionalism and administration rule by law concern is it draw contemporaryadministration governed by law main content should is it follow control power , constitutionalism of idea with using power to combine together effectively to lie in to comb, with the guarantee to citizen's rights and interests of this realization.The third part as the focal point of article, analyses under goal require , limited with is it can contain the basic demand governed by law of the administration for government's construction to have in constitutionalism emphatically, there is limited government's required power for the logic related gradual progress with inherence between the appropriate functions of government of government's demand, regard this as the prerequisite to the limited government and require for the government's content that launches in detail further.The fourth part bases on the reality of our country mainly, after analysing the theory that our country should face in the course of ruling by law and building administrativly and social realistic state, is it carry on limited with is it is it should realize administrative value orientation , three transition of, duty of function and way of operation at least to build for government to have in our country to propose.
Keywords/Search Tags:constitutionalism, the administration ruled by law, limited government, positive government, citizen's right
PDF Full Text Request
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