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Theory Of The Constitutional Consensus

Posted on:2015-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:T XuFull Text:PDF
GTID:2296330422970124Subject:Law
Abstract/Summary:PDF Full Text Request
Firstly, the author analyzes the connotation of the consensus, thinks that the essence ofthe consensus is a kind of value identification and value pursuit. And then the author analyzesthe connotation of the constitutional consensus, the conclusions as the same as above. Theconnotation of the constitutional consensus has multiple levels. Therefore, the constitutionalconsensus is a consensus on the basis of the constitution value or value consensus in thewhole society. And in the specific level, the constitutional consensus is a kind of consensus inthe perspective of subjective attitude such as the objective point of view in the constitutionitself. But now, the constitution has been increasingly, so this paper think that we should bediscuss the constitutional consensus, from the subjective level and the attitude of theconstitution.Secondly, the author analyzes the value of the constitutional consensus, such as thechange of value of the party governing’s principle, the value of the constitutional authority’ssetting up, and the value of human rights’ protection, the value of the social stability, in orderto reveal the value of the constitution contains,and all people idienty the constitutionalconsensus in our country. But China has a special national conditions, making people form theconstitutional consensus will face many difficulties, such as lack of citizen consciousness, andthe desired in the constitution value, and lack of education in constitutional problems. Thisauthor analyses the the formation of a consensus on path, thinks that consensus can form ina variety of paths. Therefore, the constitutional consensus can also form from a variety ofpathes. But in this paper, the author thinks the constitutional consensus is a kind of attitude,through improving the constitution’s eduation and the implementation of the constitution, tomake people form a feeling of the value of the existence of the constitution, on the otherhand,in the emotion, to experience that the constitution can satisfy the need of their ownsocial need, and then to make corresponding reaction tendency, the most importantly to make people form the constitutional consensus.
Keywords/Search Tags:Constitutional Consensus, the value of constitutional consensus, Constitutional universal education, Constitutional enforce
PDF Full Text Request
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