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Principle Of Constitutional Norms

Posted on:2011-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:Z J GuoFull Text:PDF
GTID:2206360305468047Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The principle of constitutional norms refers that, the composition of constitutional norms is principled and abstract in nature. The composition represents three constituent elements:the assumed conditions, behavior patterns and the legal consequences; also, this principle is in a distinct contrast with the clarity and specificity of the general legal norms required. The real reasons of the performance and the presence of the constitutional norms'principles is further refined and analyzed in this article on the basis of previous scholars. The principle of constitutional norms exists not only in national constitutions, while its existence is of great significance. Firstly, the constitution is the supreme law on behalf of all the requirements and interests of the community, which is passed by repeated consultations and bargaining. Since it reflects the interests of all subjects, it is impossible to be clear and specific to make all the subjects accepted, and the interpretation must be reserved. This requires a principle.Secondly, the constitution is the natural law as the reflection to the senior law's thinking in the statute. It evaluates the norms of common law's efficacy, not the norms of direct regulation of people's behavior. It can only be principled, not specific.Then, the core of the constitution, focusing on the norms of the fundamental values, is the provisions of the state power, people's rights and their relationship. Provisions for power and specific meaning of rights are not made clearly, because they can only be summarized in the principled language. Finally, the constitution, as a text, needs to be relatively stable, and to keep its stability, the principled language is used to show its openness, adaptability and explanatory instead of the clear language. Based on the analysis above, this paper cites the principle of constitutional norms, further elaborates its relationship with the constitution efficacy and the constitution application by Chinese and foreign constitutional provisions and case analysis, and explains how to make the constitution more effective in the real community of China, and how to establish unconstitutional censorship in China.
Keywords/Search Tags:The principle of constitutional norms, Personal Values, efficient of constitution, applied constitution
PDF Full Text Request
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