On Amending The Constitution Limits

Constitution as the nation’s basic law embodies the highest legal force and the highest authority, but this stability has led to the content of the constitutional text and society evolves, some constitutional practice must be separated from the constitutional text, the constitutional amendment at this time became the important way to reconcile the contradiction between the constitutional norms and constitutional practice. In addition to objective reasons, the framers limited cognitive ability is also a reason for constitutional amendment. To summarize countries constitutional practice, the constitutional amendment includes the comprehensive revision and part revision, however, as the exercise of a power, constitutional amendment are born with dilated, for limiting power and protecting of human rights, we should set boundaries.From theoretical discussion to the constitutional norms specified, the issue of the finitude of constitution amendment has been the long-term development, and it has been more important for the formulation and implementation of constitutional norms. The research value of the finitude of constitution amendment is:through the system research, enhance the scientific nature and rigours of constitution amendment, establish the authority of the constitution; strengthen the guiding role of constitutional norms of the social, political, economic and cultural life, reslize the standardization of the constitution; promote the harmonious interaction of the constitution and constitutionalism, enhance the function of human rights safeguard of constitution. By normative analysis and comparative analysis method, the paper summarizes the current constitution text information around the world, so as to deepen the study of the problems on finitude of constitution amendment, through horizontal comparison comblined with longitudinal comparison, distinguish the type of constitutional amendment, continue multi-angle, multi-faceted comparative study. Various countries about the norms of the constitution amendment provides research data and historical data for the theory on the finitude of constitution amendment, and laid the foundation for the development of the theory of the constitution amendment limits. To summarize the norms of the constitution amendment, the finitude of constitution amendment can be defined into entitative finitude and procedure finitude, the entitative finitude includes of the basic principle and spirit of constitution, international law, polity and regime, country dominion, government and religion, country abnormal status, citizen’s basic rights; the procedure finitude includes time, proposal subject, announcement, resolution, ets.As a constitutional philosophy which the finitude of constitution amendment should followed, constitutionalism set boundaries for constitution amendment in the main body of constitution amending, the program settings and human rights protection. The theory of constitutional values stressed that the constitution amendment target to justice, freedom, order-value. Upon the constitutionalism and the constitutional values, we determine the finitude of constitution amendment:to maintain the sovereignty of the people, respect the citizens’ human rights, follow the procedure of constitution amendment.New China’s constitutional development, never lack of theoretical research and practical application of finitude of constitution amendment. On the basis of summarizing historical experience and lessons, we should proceed from the concept of constitution amendment and procedural norms to development the constitution amendment which matched China’s political democracy, and truly carry out the institutionalized operation.