On The Constitutional Amendment Process

The Constitution is the fundamental law of the state. As China is now in the social transforming stage, the conflict between constitution and reality is unavoidable, but constand revise of constitution will possibly destroy the authority. The constitution is expected to remain stable and also to be revised. The constitution needs to be amended, but is not always in alteration. The authority of constitution is established upon the untity of its stability and adaptability. The procedure of amendment of constitution means when the constitution cannot fit for the society, the amending power amends the constitution depending on the procedure. The procedure of the amendment of constitution is the composing part of constitution procedure, which is significantly important to guarantee the normal and effective revision of the constitution. While amending the Constitution, we should comply with principles such a due process and civilian participation and efficiency, etc. The paper focuses on the theory of the procedure of the amendment of constitution,the characteristics and rules of the practice of constitutional form in foreign countries. By comparing the different kinds of written constitutions to find out the common properties and distinction. It sums up the rules and categories of the western procedure of amendment of constitution. At last the paper analyses problems in amending our present constitution and try to give some advice on solving them in order to perfect it.