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On the View of the Constitution , the right of resistance

Author: DingMin
Tutor: JiJinHua
School: Nanjing Normal University
Course: Constitutional and Administrative Law
Keywords: Right of resistance. Civil Disobedience The right to national self-defense
CLC: D911
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
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Abstract


The earliest Confucius and Mencius , although there is no explicit reference to the right of resistance , but this thinking like a tyrant put Laval as the earliest historical origins of the right of resistance in China . Western earliest natural law thinking to have a discussion on the idea of the right of resistance . Under the guidance of the idea of natural law and constitutionalism in the West , some countries have the right to resist in the Constitution , in order to maintain the constitutional order , the protection of the basic interests of the people . So far, China has no right of resistance into the Constitution, in reality , however , took place in a number of events , how to solve these events ? Ideological Origins the first part of the article is to discuss the right of resistance from two angles in the Western world , the basic concept of the right of resistance and features; second part of the four aspects of the liberal social contract , civil society and citizenship theory expounded the theoretical basis of the right of resistance , to demonstrate the legitimacy of the right of resistance ; third part examines the Western countries in accordance with the arrangements of the constitutionalism require resistance rights and Implications for China ; Finally, the international community faces the new situation of economic globalization , hegemony, and terrorism , the main body of the right of resistance and resistance object changed , while in some countries within the violence , for the domestic and international the change , the new thinking on the right of resistance .

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CLC: > Political, legal > Legal > UNIVERSITY > National law,the Constitution
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