United States Social Change And The Constitution Explain The Function Of Orientation

The dissertation is aimed at studying the social basis of the American constitutional interpretation. The interpretation of the Constitution, in the institutional form of judicial review, which is not appear in other nations but in the Unites States, is decided by social tradition of the United States. The history of the Supreme Court reveals that the courts and justices, though seemingly neutral, can not be free from the influence of the times and the intervention of political power. The judicial activism or judicial restraint, can only be understood with in the historical context. The purpose of this essay is to explore the important social aspect to affect the interpretation of Constitution through the study of the judicial activism and judicial self-restraint. The history the American constitution interpretation grows gradually along with the social changes. In China, when selecting and constructing the model of the interpretation of the Constitution, we can not copy American judicial review, because we do not fully have the necessary social conditions. Therefore, we should, on the basis of China's social and cultural characteristics, establish the model of the interpretation of the constitution which can reflect advanced constitutional culture in the world, and suit for our national characteristics of constitutional interpret.This dissertation is divided into six parts.The first part introduces the present researching situation of constitutional interpretation at home and abroad, and advances the feasibility and significance.Perceived from the perspective of hermeneutic, the second part expounds the essential factor and interpretation procedure. According to analyzing the social root of American constitutional interpretation, the author expounds the importance of social basis in the interpretation of American constitution.The third part introduces the judicial activism, thus pointing out the social basis for existence and development.The fourth part introduces the judicial self-restraint, thus pointing out the social basis for existence and development.The fifth part gives a detailed description on the problem of the social limitation of the constitutional interpretation.The sixth part expounds the referential significance of the model of American constitutional interpretation on china, and proves that the selection of mode China's constitutional interpretation must absorb nourishment from the advanced constitutional culture in the world on the basis of china's social and cultural characteristics. Thus, the mode of china's constitution interpretation can offer strong guarantee for the development of china's constitutionalism.