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Three Dimensional Analysis Of The Sources Of British Constitutional Authority

Posted on:2018-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z S GuoFull Text:PDF
GTID:2346330515453475Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Constitutional authority refers to the Constitution as the fundamental law of a country in the state and social life,all organs,organizations and individuals the most important and most basic code of conduct.Although our country has repeatedly reaffirmed the importance of constitutional authority,but more is a kind of conceptual oath,constitutional authority is not really set up in our country,so the need to have a constitutional state of the constitutional authority to explore the source.Britain is one of the first countries to implement constitutional government,constitutional traditions long.It can be said that Britain has gone through the constitutional road is successful,experience is valuable,the impact on the world is huge,the British Constitution must be authoritative.But the British constitution was formed by centuries of history and was not included in a written code,but scattered in some constitutional laws and in different forms of constitutional practice.Therefore,it is difficult to sum up,summarize and explain the constitution of the British constitution,the reasons for its constitutional authority is difficult to grasp.In general,the "traditional,sovereign order,right" is the main source of British constitutional authority,"tradition" is the British constitutional authority of the customary law,common law source,"sovereign order" is the British constitutional authority of the political Source,"right" is the British constitutional authority of the public opinion source.These three sources,although each have their own unique generation process,but not separated from each other,there is a complex relationship between each other.First of all,in the past,the United Kingdom not only has a long tradition of constitutionalism,the king of the political traditions under the law,the British civil liberties also have the pursuit of rights,the tradition of freedom,these traditions for "sovereign orders,rights," the source of these two constitutional authority,Have an important impact.At the same time,the British sovereign-parliament,has the supreme power,which has two important sources of positive and negative impact.Finally,the "right" as the authority of the British Constitution of the source of public opinion,its status has gradually increased,mainly in the Constitution of the positive protection of civil rights.This paper analyzes the formation and development of British constitutional authority from the perspective of "tradition,sovereign order,right",and analyzes the complex relationship between the three sources.In this process,perhaps Will come to China to establish a constitutional authority of some valuable inspiration.
Keywords/Search Tags:the authority of British constitution, tradition, the command of sovereign, right
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