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The Research Of Constitutional Modes Of The Europeancountry’s Local Legislation Power

Posted on:2016-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y J DengFull Text:PDF
GTID:2296330461963046Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Throughout the constitutional code of all countries in the world, the local legislation power as the basic object of constitution regulation, has become a main trend in the development of the present constitutional code. Most European countries have a strong local autonomy tradition and local autonomy concept, and these countries has accumulated complete experience in the aspect of local self-government and local legislation. However, in the text of the constitution of our country to regulate the local legislative power of the basic in the absence of a state or point to namely stop. Local unauthorized legislation, local legislation as formalism and local protectionism, local legislation problems emerge in endlessly. As a result, in the case of many of the local legislation practice in our country’s long-term failed to effectively solve the difficult problem, this article from the perspective of comparative law and the height of the constitutional government to seek European countries constitutional configuration modes of local legislation and to clear the local legislation of the country’s constitution system and the configuration principle and method of local legislation jurisdiction, for providing another effective way to solve the problem of the practice of local legislation in our country.The central issue of this paper is mainly from the perspective of comparative law, through analysis and Research on the causes the basic theory of the constitutional configuration modes of the local legislation power, specific mode types, specific influences of the patterns on the development of European countries and formation reason analysis of the patterns, which to draw European countries management experience in this field,to review the theory and practice of China’s local legislation, to provide the appropriate allocation of ideas of local legislation for our country under the new situation, to optimize the function of local legislation, to build scientific and harmonious order of local legislation and to promote the process of constitution of local legislation power.The first part of the article is mainly to discuss the basic theory of the configuration modes of European local legislation power. This part is mainly divided into two small part, which introduces the basic concept of the local legislative power in Europe and the theoretical forms of the European local legislation power, as the theoretical basis for the writing of this whole article. The second part of the paper first in the text of the constitution of 44 European countries as the research object, to concretely analyze the different types of constitution mode of European countries local legislation configuration under different division standard. The third part of the article discusses the cause of the European constitutional mode of local legislation configuration, in-depth understanding the origin of natural geographical environment, political, economic, cultural and ethnic of the European constitutional configuration pattern of local legislation power;Secondly, by using the SPSS statistical software, design three variables which is the index of democracy, the rule of law index and the human development index to study the impact on development of the different European countries and to elaborate on the advantages and disadvantages of different local legislation configuration modes. The fourth part of the paper presents some common characteristics and the general development trend of the constitution configuration model of European local legislation, to explore some advanced idea, principle and method of constitutional configuration about the local legislation and to provide experience and enlightenment as reference to the constitutional process allocation of China’s local legislation.
Keywords/Search Tags:Europe countries, local legislation power, constitution configuration mode, research
PDF Full Text Request
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