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Constitutionalism: The Modern State Of Political Pursuit

Posted on:2014-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2266330401950451Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Become inevitable for a countrys development, building of political civilizationin the modern legal system. Constitutional achievements of the political civilization ofthe West, has gradually become a common political pursuit of the modern state. Thispaper aims to comb through the history of the emergence and development ofconstitutional thought, trying to answer the "why Westerners constitutionalassiduous?" Core issues, thus revealing the constitutional universal, in order toprovide inspiration for contemporary Chinese Constitutional Construction.The Constitutional Thought factor was originally produced in the politicalpractice of the ancient Greek city of democratic practice and the Roman Republic.Experienced dormant and development in the Middle Ages to modern molding, andformed a "peoples sovereignty","natural rights","The Social Contract","separationof powers" and a series of classic constitutional theory. In the modern society, theconcept of constitutional value is increasingly diversified, function compositecharacteristics, human basis of maturing, more solid material basis, the path toachieve the increasingly diversified trend.Can be said that the history of the development of Constitutional Thoughtpowerful Western countries in various historical periods preference to this idea, thereason can be attributed to two aspects, from the intrinsic motivation point of view,at the value level, constitutional concept itselfinherent virtue and respect for humanrights, attention to the idea of democracy to the development of human societyuniversal values and common pursuit; functional level is conducive to the realizationof the right to limit security rights, limited and promising unity, will help protectcompetition in the multi-civil society, is conducive to the full protection of individualrights are not violated. The second is to move from the external point of view, theassumption of human nature the subjective inevitability factors and the marketeconomy the objective necessity of external motivation factor is to promoteconstitutional development. The one hand, the needs and desires of human nature isthe logical starting point of the constitutional humanity reason and virtue is the power of constitutional development, free and comprehensive development ofhuman nature is the ultimate goal of constitutional government. On the other hand,the development of market economy and constitutional development in the historyof symbiotic relationship, the intrinsic value of the market economy incommunication with the constitutional values. Subjective necessity of objectivenecessity of the constitutional dialectical unity, together constitute the external tothe driving force of the constitutional government itself.The constitutional history of the development of the West also showed that theimplementation of the constitutional values can not be separated from the specificinstitutional framework to be protected. The Constitutional Thought only into theprotection of the institutional political system can convert ideas into reality. Theconstitutional value only through institutional carrier to show it. There is no specificinstitutional framework, constitutional government can only exist in the form of atheory can not be real, not China, localization. Therefore, the rule of law in Chinasfuture, should pay attention to the institutional framework of the constitutionalthought, based on the Constitution, legal framework, and constantly improve thepolitical system and the legal system to combine the universal values of theconstitutional and local value, the China Construction become a modern sense of therule of law.
Keywords/Search Tags:Constitutional, virtue, democracy, human rights, human nature, market economy
PDF Full Text Request
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