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On the Constitution transplant

Author: PengYuLing
Tutor: ChenChi
School: Sichuan Normal University
Course: Constitutional and Administrative Law
Keywords: Constitution Transplant Constitutionalism
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 28
Quote: 0
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Abstract

The Constitution is the fundamental law of the country, the general regulation of the country and bringing peace in a country. Beginning in the 17th century, the development of a constitution and normal life to comply with constitutional norms, to construct a society governed by the rule of law has become an international political storm sweeping the globe. The progress of human society, not only is the improvement of the material civilization, there will be the improvement of social systems. In modern times, the superior performance of the competition between countries in the development of technology and system, a country's progress in a very long time in other countries will have a profound impact. Therefore, the absorption of the science and technology of other countries, to learn his country's legal system has become an important way to change the backwardness of the country, the national revival. Throughout the history of the world's constitution, we can easily find the object of the Constitution of the United Kingdom and other advanced countries latecomer to follow suit and transplantation. Modern constitutional countries in the same or similar form or content of the Constitution through a constitutional transplantation. Constitution transplant can make the world learn from each other and absorb the best constitutional culture through the lengthy localization, formation not only has its own cultural characteristics but also reflects the universal values ??of the Constitution, constitutional culture. Constitution transplantation is a quick and efficient process and ways to achieve the legal system modernization. Course, study the transplantation of the Constitution, in order to further explore its portability, the problem of the the successful transplantation common and localization, for China through the Constitution transplantation reach constitutional modernization, thus achieving constitutional provide a theoretical basis and practical guidance. This article consists of three chapters, the first transplant concept of the Constitution, the reasons, conditions, characteristics, mode basic theory systematically explained; then, longitudinal comparisons from modern, modern and contemporary constitution transplant evolution, transplanted from the world today constitution state and beyond the Constitution transplant development trend of horizontal comparison analysis, summed up the Constitution transplant advantages, worries and localization of the problem; Finally, a summary of previous constitutional road to explore the feasibility of transplanting operation in the Chinese Constitution. In this article and in our previous Constitution lesson graft failure, successful experience, and the Chinese constitutional reasons for the lack of in-depth exploration proposed spread through Constitutional Thought, select the appropriate mode progressive, properly deal with the relationship of the constitutional values ??and traditional culture tripartite effort by the Constitution transplantation to achieve the realization of the ideal of constitutionalism.

On the Constitution transplant

Abstract

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