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 Wysłany: Nie 21:18, 12 Gru 2010 Temat postu: moncler jacken On the constituent power _2103 |
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Therefore, the constituent power should first meet the power for the state to enact a law controlling the operation of the Constitution. The constitution should be able to state clearly the basic system building, and the behavior of all countries are included in the basic system of effective regulation of its range; any act outside the Constitution without exception should be denied; any violation of the Constitution The default behavior will inevitably lead to the supervision process.
Bank of China since the late Qing constitutional
The legitimacy of state power as the only constitutional basis of the constituent power can achieve the ultimate constitutional norms should be implemented, so well-developed countries to ensure the legitimacy of the Constitution has become a sufficient condition. \, in the context of freedom of assembly, in accordance with the rules of procedure to seek justice, the citizens agree with. \constitution, is a constitutional separation of powers meaning.
2. Supremacy. Constituent power is the way that it is high above all created by the constituent power of the state power, state power or any other social organizations are required to submit to the Constitution. Constitutional right to contribute to the formation of a unifying supremacy of the highest authority of the social order to ensure orderly society. Intrinsic constituent power of the supremacy following: First, the constituent power is not based on any legal form of independent existence, its main composition of the country belongs to all people. Therefore, any domestic or international law provisions on the constituent power is not only unnecessary but also contrary to legal principles. Second, the constitutional right to supremacy in the interpretation of its logical system out of the conclusion must be that under the constitutional government should be limited government, that is, various government powers are defined by the Constitution and laws of. Set aside the Constitution and the law's effective range of government authority, and only in this context, the Government only has the legal authority and effectiveness. \is a limited government, not the Government in the exercise of power without any freedom. In fact,[link widoczny dla zalogowanych], in modern society, the constituent power is a governmental authority under the Constitution and laws of guidance and control by the powers that allow the government to have a certain discretionary power of the range, but the degree of freedom is the power of the minimum boundary should be sufficient to maintain the legitimate social order.
whether they come from, in a constitutional society must surrender constitutional rights. There should be two elements of tips: First, any authority to maintain social order and its constituent power from the surrender, or any such authority would be limited and the challenges of constitutionalism. In real life, we often see that when the legality of an authority under suspicion after that if its stubborn,[link widoczny dla zalogowanych], or with strong destroy the constitutional right of authoritarian social orientation, or because the whole society can not afford to despise and distrust The Tao eliminated out. In a constitutional society, on the first case, the constitutional right should have enough power to the collapse of the social evolution of the strong authoritarian; of the latter case, the constitutional right of exit should provide due process. Second, constitutional rights should be of sufficient strength to unifying the various patterns of social authority. First, the Constitutional right to this power right from the main constituent of all the people ─ ─ ─ ─ subject consciousness. However, for most of the countries named constitutional reasons could not have this condition, so all the authority under the constitutional right to have overstepped constitutional rights, \Therefore, today's China, to promote the \the people's constitutional rights consciousness, or even established a constitutional right is weakly, and it still can not today's society, whether all authority ─ ─ ─ ─ controlled organizations or individuals within the constitutional norms.
Since ancient times, anyone with a rank of society, which rely on established authority. Authoritarian society, the authority of the divine, or from hereditary; democratic society comes from the authority of law and elections. No matter what kind of authority, the nature of the legitimacy of authority is another person's identity and surrender. Constitutionalism guide created by the authority of a pluralistic society to promote the gradual differentiation from the only authority for the coexistence of all people on different occasions and therefore have the choice of identity different from the authority the right to freedom. Each of the supreme authority in their respective areas of authority can not be a justification for exclusion of exotic,[link widoczny dla zalogowanych], even in the same area of the conflict of authority, one can not subdue with strong, push each other, and the proceedings should be resolved by default.
Constitutional rights of all people belonging to a country, which is a concrete manifestation of the principle of popular sovereignty. Where democracy, the ancient people have recognized the sovereignty of all countries. \after being elected, the banner of people's sovereignty has been further lifted,? the people's sovereignty as a basic principle of the Constitution has been confirmed. 1789 French \generation, the connotation of the principle of popular sovereignty, fundamental changes, due to the changing nature of the economic base, the principle of popular sovereignty should be able to more effectively implement.
Constitutional right to have the following features:
(A) of the Constitution the right to decide the people's right to choose the way to achieve freedom and rights
We know that after the victory of the bourgeoisie in the revolution, to consolidate the revolution by its constitution as a basic means of the fruits of victory. The constitution must be addressed to the Constitutional right to exercise the problem of who should, or will certainly affect the right of the Constitution as the highest authority of the law. History of the Constitution shows that the first to propose constitutional right to push the French Revolution when the famous thinker Emanuel. Joseph. Xiye Si (1748 ─ 1836). He said: \it must formulate a; only have a constitutional right of citizens. \their political status, and ultimately the purpose of safeguarding their economic interests. Xi Yesi this idea of Rousseau in his \There Restorative Justice. [2] Since then,? Xiye Si's constitutional right to constitutional doctrine has affected the country's constitution-making.
(C) of the Constitution contains a right to be authoritative enough to control all the power
When we define the ownership of the right of the main constituent later, in what kind of program to achieve this power, as a very important question before us immediately apparent. In a sense, the issues involved in the latter than the former importance. The power of an access program, no matter how you holding if its gods, is of no significance.
Combination of power and human nature lead to the exercise of power has become so complex that has historically been political science, law one of the basic issues of concern. The question of humanity, instead of assuming that it is good, as assumed evil; their trust in people, exercising powers, as the Constitution and the law prior to binding with him. People's freedoms and rights that may be more secure. As the generation of Americans ancestors Yin said: \Based on this understanding, we can send a deep understanding of Hayek's \[14]
Constituent power is the foundation of state power, relations between the two is the origin. Constitutional right of the people through the transfer of some of their power to set up by the people of the state organs, and state power under the constitutional right of the arrangements, the direct impact on state power and civil rights can be maintained normal relations and development, related to the the rights of citizens the availability of effective protection of state power. One must clearly recognize that the problem is that the state constitutional right of legislative, executive and judicial power of the source, no constitutional rights, the legislative, executive and judicial power is a river without water, a tree without roots . The three powers subordinate to constitutional rights, but the fundamental constitutional; without the right to regulate constitutional, legislative, executive and judicial power, it becomes no driver troika, or while walking around in circles for each other to contain, or because one dependent and subject to the tyranny of power, towards the ultimate collapse of the constitutional system. This possibility of the existence of any power in the final analysis because of an individual to manipulate, and left the individual's initiative and power is no sense.
On the constituent power
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However, we shall see, due to various subjective and objective factors, makes the implementation of the program appeared in the Constitutional right to diversity. Despite the constitutional right of the program to achieve diversity, but no matter what kind of procedures should be to embody the will of the people; leave the will of the people to achieve constitutional right to talk about the program, the result can only be constitutional, \. \To the realization of the current constitutional state constitutional right situation, the constitutional process are:
since the constitution was a common occurrence, but the theory of constituent power has been not developed. So far, the vast majority of the Constitution, addressed this problem in the textbook, or evasive, or avoided, the constitution power became a no one is interested in the topic. Constituent power theory is so far still not entirely developed, or difficult is developed, I think the fundamental reason is that citizens of state power, indifference and loss of consciousness. A person subject to the outside world's understanding of things of things to stimulate the outside world. If it is an authoritarian society, or there is strong influence of authoritarian society, must cultivate a few or no consciousness of state power, servile subjects full group. Constitutional rights are not clear in the fact that constitutional theory is bound to the projector in the constitutional practice. Nearly a century \
However, the authority
Constitutional state after being elected, as the national sovereignty of the people eligible for the return of the main complex, the power of the people as the country began to recover consciousness, the independence of the constitutional rights of people in the entire context of the national Constitution was strong apparent. Since then, the \Constitutional rights should exist for this purpose. Under the constitutional doctrine, all the system settings are to the people, to provide conditions for human freedom; human dignity and worth of all the constitutional system is the only legal basis for legitimacy, it constitutes the legal basis for the resulting access to all the other people agree with the reasons for the system. Therefore, under the guidance of constitutionalism, constitutional right to ensure that all people have the right to freedom of choice and rights to achieve specific system; when the people have chosen the system hinders the realization of freedom and rights, or has alienated the people the right to freedom and opposition forces, the people have every reason to completely abolish this system up and create another new system replaced. History of constitutional development has fully confirmed this: When the constituent power belongs to all people has become a self-evident proposition but for all people (including organizations) that adhere to, the implementation of the Constitution to constitutional government can be effectively established, the people The freedoms and rights can be fully protected.
3. Political. Political performance of constituent power as all the people have the power to exercise the autonomy of all people. Constitutional right to autonomy in terms of content it has the nature of performance for all people to achieve a common goal to achieve self-management is a basic way. The constituent power of the political can be decomposed following: First,[link widoczny dla zalogowanych], the regime is a precondition for the exercise of constitutional rights. Every country in modern constitutional history have shown that people only get the state power to exercise constitutional rights. But that does not say no to power, the people have no constitutional rights before, but just did not condition the exercise. However, some scholars said: \, and the constituent power itself can be seen as an important component of state power or the main form of activity. \state power generated as a constituent power generated preconditions. Second, the constituent power of the political is also reflected in the people, some people can not rely on the Constitutional right to dominate other groups of people, and make it surrender. Because, in the view of constitutionalism, a power to dominate others, only through certain procedures for the award, no one can claim to be born with the power to dominate others. Constitutional rights are not granted after certain procedures, but embodied the fundamental rights of the people; people's basic rights to equality of people with the right to dominate another part of the Constitution lost their legitimacy.
People's freedoms and rights of human survival and development. The inherent rights and freedoms, non-transferable nor denied. In authoritarian societies, there are always some people to force through unfair to force people to become lost most of the main character of the slave, it does not become a person; and become the slave of man, because of their dependence and never become slaves. As Rousseau said: \is a sub-human nature; and the cancellation of his own free will of all, that is, removed all the morality of their actions. \People have a constitutional right must have been totally rejected authoritarian powers.
Therefore, the Constitutional right of all people of a country by a certain person or organization, by default the constitutional power of constitution-making process. And the constitutional right to amend the Constitution related to the right, constitutional interpretation and constitutional oversight is granted by the Constitution to exercise the relevant national authorities.
Constitutional right to belong to a country's entire population, which implies the following:
Under the scope of what I read, the first to propose constitutional right to the new China is Professor Xiao Weiyun, [3]? A more complete discussion of the constitution power is the \[4] Although the assertion of their constitutional right to academic colleagues may not be acceptable for the law, but their significance is the reality of the issues raised should not be taken lightly. For the ongoing \Because the establishment of the constitution power, state power can be a source of clearance, so as the people of the state power ─ ─ ─ ─ main concern was whether the Constitution granted the power went out was illegal, improper use, concerns whether the provisions of the Constitution to prevent alienation of state power. The main reason for this state power can be granted out of concern for the exercise of power, because they have transferred some of their inherent rights. Therefore, they have the right to ask how power is transferred out to be exercised. \the exercise of state power, the real benefit to all people.
1. Originality. Original constituent power is state power, it is the sole basis for the original creation. State power sources is by no means far-fetched in, and can not be elusive will of God, but national sovereignty ─ ─ of all the people who have constitutional rights. As Cabernet said: \people act as masters, here we are simply unimaginable. \the legitimacy of the Constitution and laws; no constitutional right to directly or indirectly through the development of the Constitution and laws do not have asked people to obey authority, the people will get a negative result of such grounds the legitimacy of the Constitution and laws, if necessary the collapse of the use of appropriate means of this \Second, constitutional rights can be achieved with a variety of ways, but the people have the inalienable constitutional rights, but also inalienable. Because the constitutional right to constitute the basic elements of the fundamental rights of every citizen, and this fundamental right inherent, non-transferable. Then we can see that the basic premise established constitutional right must be admitted unconditionally owned by every citizen's basic rights. Without this premise, constituent power is undoubtedly in the air.
(D) of constituent power is the only constitutional basis for the legitimacy of state power
Constitutional rights as a historical category, it is with the establishment of modern Western constitutional state arising from a legal phenomenon, the phenomenon that the law describes a need to adapt to normal social development of the basic constitutional order. Established constitutional right to destroy the theocratic, monarchical power generating countries, the myth of national power and reshape the relationship between civil rights, changing the citizens of countries recognized by the formation of the basic concepts. Which reached a basic consensus: the right of the state power should be generated by the Constitution, therefore, it should yield to constitutional rights.
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Constitutional powers of state organs produced in the people's constitutional rights, while others,[link widoczny dla zalogowanych], such as can not be divine or hereditary. \the same original authority of the republic seems to be fully consistent with the theory. \These constitutional norms delegated the necessary authority to the state organs, but also the exercise of these powers to set the necessary rules. Only in this way, the abstract constitutional right granted by the state power to achieve the constitutional purpose.
Second, the constituent power of the body and its procedures
(B) of the Constitution implies the right of people organized by the Government of the exercise of power is unreliable
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