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The Technology of Party Liability Clause into the Constitution

Author: ChenWei
Tutor: ZhangYiQing
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: Party’s liability Constitutionalization Responsibility for constitution The Technical Rationality The constitutional review
CLC: D921
Type: Master's thesis
Year: 2013
Downloads: 17
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Abstract


Take the political-party’s liability into the country’s constitution(TPLIC) is notonly a question about value judgments,so we just need to, somehow have to say yesor no, but also take our attitude and answer above the operating techniques, includeviable or not, may or not, and how it might be. Membership by the InstrumentalRationality, The Value Rationality, the Technical Rationality and their relationships,we can see clearly that The Instrumental Rationality of TPLIC is provided someRegulatory instruments, for example the Liability clause that the country’sconstitution had. To this end, every political party should have to comply with all thisprovisions when they exercise their public power. So, the authority of the constitutionhave been protected and the country’s party-politics should be functioning healthy.However, what a point that The Value Rationality of TPLIC have is can we foundsome purpose rationality and purpose legitimacy on TPLIC and how to make it right.Even the answer that people give can not free himself from the Specific NationalConditions and Institutional Factors(NCIF) and always play a major role in. But thequestion is, there is a key issue of value of the trade-offs and factual judgmentbetween The Instrumental Rationality and The Value Rationality cross in the road thatwe say no to the TPLIC, include the discussion of its possibility and feasibility,according to this NCIF. Therefore, the discussion on The Technical Rationality ofTRPPIC can provide us a judgment criterion that based on the level of experience,fact and value and also can plan a technical implementation of the program whichexactly contain universal value and can be learned.Among193United Nations member states’constitution text and its specificcontents, we can see that a country who did not have any liability clause of politicalparty was rarely. According to the content investigate, the technical elements ofTPLIC(such as: the subject of liabilities, the form of liability, the matter of liabilitiesand the handler of liabilities),and the specific characteristics of the relevant technicalelements(such as: the chapter of constitution that the liability clause appeared, thetype of constitutional norms that the liability clause build, the correspondencebetween the responsibility of political parties and the responsibility for constitution,the behavior-consequences of regulation mode that the liability clause build and the“law’s supplement” on constitutional regulation of political-party’s liability had.) areall affected obviously with the NCIF, not only the determination of these elements or characteristics, but also the degree of coalescent between them. However, on the otherhand, we can also found something in common on these Technical-elements orTechnical-characteristics among these countries, no matter what Party-System does ittaken or what Constitutional-Supervision-System does it used. For instance, The linkup between governance of legal person, prosecution and the constitutional review;The correspondence between party-founding freedom and responsibility of politicalparties; Taking all the subjects of liabilities into account; Associate all the handlers ofliabilities; The progressively strength of liabilities; Regulation should have runthrough the hole time where the liability could been found; The form of liabilityshould be pluralism; The matter of liabilities should be clear; The nature of theseliability should be distinguished and be used different; The configuration of the termsshould be unified, and so on.The experience and the fact indicate: what should we do for the TPLIC first isfollow the country’s NCIF. Among this situation, we can also found the TechnicalRationality that so many country has taken on their Constitutional experience ofTPLIC is: how to maximize the agreement with the Value Rationality of modernconstitution, and on the anther hand, to defense the challenge efficaciously that theInstrumental Rationality caused. That is, according to the use of scientific and rationalTechnical-Constitutionalization on TPLIC, the modern country’confidence of systemin constitutional could be established and be encouraged. Also conducive topromoting the improvement and development of the modern political party system.

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