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Comparative Research On The Constitutional Preamble

Posted on:2018-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhangFull Text:PDF
GTID:2416330569975664Subject:Law
Abstract/Summary:PDF Full Text Request
According to the constitution code,the Constitution can be divided into a written constitution and an unwritten constitution.According to statistics,in the written constitutions of countries all over the world,the vast majority of them have a preamble and a few without preamble.The introduction of the preamble to the Constitution in China is a direction of the development of the constitution of the countries after the two World War,and the preamble of the constitution is becoming an indispensable part of the constitution.The introduction of the constitution included many factors,perhaps from a stable regime or a change in its national conditions,requiring a constitutional preamble to energize the rule.In a word,the preamble of the Constitution provides different degrees of legitimacy for the ruling party.Structurally,most of the preamble of the constitution is in the head of the constitution code,but the content is not the same,because different countries have different national conditions and history.In addition,the preamble of the constitution has its own features both in form and content.Through the comparative study of the preamble of the constitution,we can find common rules and differences existing in different prefaces.In this paper,the preamble to the written constitution of most countries in the world is classified according to the written expressions,roughly the world there is a country's constitutional preamble is divided into historical narrative type,religious type,type,type of people's sovereignty oath,our constitutional preamble belongs to the historical narrative type.This paper will classify the preamble to the constitution of the comparative study,it is pointed out that different types of the preamble in the content,function,history,potential crisis and other content,and make the appropriate comparison,in order to provide a theoretical and practical basis for the perfection of the preamble of the constitution amendment.
Keywords/Search Tags:Constitutional preamble, Legality, Type, Historical origin
PDF Full Text Request
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