The Basis Of Constitutionalism

Constitutionalism is the common pursuit of human civilization. Each country has its own developing path and idiographic system, but there do exist some common foundations for these paths and systems. As a developing country in this field, in case China wants to establish the constitutional system, a few theoretically basic studies on Constitutionalism shall be conducted and some experience shall be accumulated. Only in this way will the footstone of the building of Constitutionalism be solidified so that the blueprint of Constitutionalism may be realized. Based on the above understanding, this thesis seperates the foundation of Constitutionalism into three parts, including social foundation, thought foundation and system foundation, and conducts a painstaking textual research on each foundation by historical review as well as comparative analysis and value analysis together with positive analysis.The whole thesis consists of four chapters. Chapter One " Generality of Constitutionalism and Study Meaning of the foundations of Constitutionalism", as the pandect, probes into the concept of Constitutionalism and its study meaning and sets the keynote of the theoretical analysis. Chapter Two "Social Foundation of Constitutioalism" studies the objective foudantion of the practice of Constitutionalism. It digs the internal logic relations between the foster of Civil Society and construction of Constitutionalism though the analysis of creation of Civil Society. Chapter Three "Thought Foundation of Constitutionalism" studies the subjective foundation of the practice of Constitutionalism. It analyzes the influence of social thought concept on social development and Constitutionalism through expatiation on historical evolvement of concept of nation between China and western coutries. Chapter Four "System Foundation of Constitutionalism" analyzes the special elements embodied in the Constitionalist system. The three foundations are conducted in this thesis to form a vital logic system so as to promote the basic research on the Constitutionalism.