Font Size: a A A

On The Constitutional Basis Of The Macro-Control Power

Posted on:2013-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y JinFull Text:PDF
GTID:2246330395491471Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The dualistic relationship of the political state and civil society is the logical startingpoint of the macro-control power.The separation of civil society and political state is aproduct of the development of the modern history.From the perspective of historicalmaterialism, Marx analyzed the real reason of the separation is alienated labor,itrevealed the true origins of the state power. State power is derived from the alienation ofthe social rights of the people, and the alienation of state power led to the opposition,the opposition of the rights and powers of the rights and powers of the separation of themost important results of the civil society and the political state.The separation of thepolitical state and civil society made the rise of the macro-control power become apossible, but its beginning rationality is not self-evident from the state power, it is theresult of the urgent need of social reality. Macro-control power is mainly as emergencymeasures to the crisis in capitalist countries while the result of reaction to the pressureof their own development and international environmental stimulation in the socialistcountries. Contrastingly, the socialist country’s macro-control power can give full playto its advantages. No matter in capitalist countries or the socialist countries, theappearance of macro-control power is the beginning of the trend that political statestarts to regress to civil society, the performance of the macro-control power willeventually be in the form of social autonomy.The meeting point of the macro-control power and constitutional development is the civil society. Civil society is the growing point of the rule of law and constitutionalgovernment, civil society gave birth to the civil spirit, and the civil spirit developed intothe constitutional concept,then with the guidance of the constitutional concept,thebourgeois revolution’s victory eventually established the constitutional system. Whilethe rule of law and constitutional government in turn become the protective force of thecivil society, the rule of law safeguards the civil society’s stability and development withits certainty.The constitutionalism sustains the foundation of the existence of civilsociety through ensuring the direction the rule of law. The development of civil societypromotes the appearance of new content of the modern constitutionalism.The theme ofconstitutionalism has changes from power-limiting to the coexistence ofpower-limiting and empowerment.This change requires the function of the governmentto make the appropriate change.Macro-control power’s appearance is the result of thetransformation of governmental function.As a new state power,the role of macro-controlpower is to safeguard the survival and development of the civil society,the constitutionis the basis of the legitimacy of the macro-control power.Constitutional development goes into a new era of coexistence of power-limiting andempowerment.Power-limiting is an eternal theme to protect the rights of people,butempowerment is facing the problem of how to define the scope of authority.The powercomes from the right,power should be right’s border.To define the scope of themacro-control power,the economic human rights should be clear in the Constitution asempowering and power-limiting’s standards firstly.Economic human rights is a new concept,and its understanding should be based on economic freedom guaranteed by theConstitution,and at the same time in order to really achieve the purpose of safeguardingthe economic human rights,it is necessary to clear the protective standards of economichuman is important to establish and improve the protective mechanisms ofeconomic human rights for our country that one is long-term lack of concern for humanrights.Constitutionalism is the equalizer of rights and powers.To protect rights,it needs tocontrol power because power often is to violate right.The macro-control power is ofgreat significance for the maintenance and protection of economic rights,but also proneto alienation and abuse.The role of the constitutionalism lies in the balance betweenhuman rights and state power by a set of impersonal rules of governance to control thescope of state power,so as to achieve the purpose of protection of human rights.Ourlong-term lack of the concept of constraining state power, power-worshiping is the basicattitude towards the state power, in this context,emphasizing the constitutional control iseven more important.The constitutional Control of macro-control power should complywith certain principles to achieve the goal the macro-control power can not only fullysafeguard the development of civil society but also can be effectively constrained.Inaddition,To achieve realistic control of macro-control power,it should be under theguidance of these principles.Statutes.The legal practice of combination of statures andcases is more attuned to the situation of our country,and to establish the system ofeconomic right to petition can be used as the readiness to the establishment of the system of judicial review in the macro-control power.
Keywords/Search Tags:civil society, macro-control power, constitutionalism, economic humanrights, economic right to petition
PDF Full Text Request
Related items