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On Hamilton's Constitutional Thought

Posted on:2007-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:C C DengFull Text:PDF
GTID:2206360185484729Subject:Legal History
Abstract/Summary:PDF Full Text Request
Hamilton, et al. are the fathers of the constitutionalism of U.S.A. Aware of systematic drawbacks of confederate states, according to their knowledge and political experience, they put forward the constitutionalism and set up the great plan of the federal government. They on the basis of person who can test in political system, theory of human nature, social agreement touch upon elite propose the constitutionalism is advocated at the foundation that theory know, the purpose is to make the constitution, set up the right government of the limit. Hamilton, et al. think, should reflect power to be discrete to check and balance the theory and federal republicanism thought according to new constitution limit right government that set up. The theory is distinctive theories put forward on the basis of Montesquieu, et al. fraction theory that the power of Hamilton, et al. is separated and checked and balanced, they divide this theory into power three parts of discrete, power restricting and balance of powerIt should be horizontal and two longitudinal separation of aspect that they think power discrete, they based on understanding of human nature, must treat the wild ambition so as to the wild ambition, can come, reach with two method while being concrete, make government every department relatively independent, second, award an essential self-defense right to every department. Longitudinal power just demands to set up compounding in the republic discreetly in fact, set up the at least dipolar fraction system of union and state. They think have surface of power it divides to be far from enough only, must make, legislate, administration and administration of justice right restrict each other, prevent them from abusing power, protect the American people's happy and freedom do they think. Weakness that direct democracy make legislative power too strong, executive power, and judicial power relatively small and weak.Overcome this shortcoming, must adopt and weaken the legislative power, strengthen the executive power, the method which improves the judicial power...
Keywords/Search Tags:Constitutional Government, Constitutionalism, Check and balance Union, Federation, Republicanism
PDF Full Text Request
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