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United States、Germany a Comparative Study of the Structure of the Constitution

Author: ChenHao
Tutor: XiaXinHua
School: Xiangtan University
Course: Constitutional and Administrative Law
Keywords: Content and structure of the Constitution Modern constitution Modern constitution Constitutional change
CLC: D911
Type: Master's thesis
Year: 2009
Downloads: 56
Quote: 0
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Abstract


Almost all countries in the world have developed over the Constitution.A Comparative Study of the Constitution with the Constitution of the oldest,On the structure of the contents of the Constitution is accompanied by an unwritten constitution to a written constitution and gradually developed.According to statistics, from 1800 to 1880, the European countries to enact and amend the Constitution, for a total of no less than 300.A large number of documents the existence of a written constitution for the constitutional structure, especially the content structure of the Constitution possible.Later as a result of China’s Constitution, and the lack of technical support and the constitutional basis of constitutional thinking,Caused the current instability in the structure of the constitution,Performance in recent years, frequent changes to the Constitution, in order tosolve these problems, how the content and structure of the Constitution must have a system to improve the bill,I believe that: the content of the constitutional structure, including the structure of the Constitution, have a common structure,So the author is starting from the structure, using the methods of inference to draw the concept of the structure of the constitution.What should be the content of the provisions of the Constitution to provide that to what extent, the relationshipbetween these elements, the content and structure of the Constitution of popular understanding.The contents of the structure of the Constitution is a dynamic concept, if put simply a fixed period of discussion,Not be able to see the contents of the structure of the Constitution of the driving forces of development,After the founding of New China in the development of several of the Constitution, as a result of the implementation time is short,Between the development and changes in the structure of the constitution of the motivation, there is no comparable, so comparedto the vision of the world to study in constitutional development.Constitution of the United States and Germany are two of the more mature legal systems of the Constitution, has undergone the test of long-term historical changes, the formation of a more comprehensive system for content and structure of the Constitution, at the same time with the Chinese Constitution has deep roots.Especially those of Germany have much in common, while in Germany the tortuous course of constitutional development, but also enable us to get some kind of enlightenment;Constitution of the United States is the other extreme, its sound changes in moderate and Germany formed a sharp contrast,And because of historical reasons, Germany, the formation of the Constitution of the contents of the structure of the most affected byexternal factors is the United States, two countries, comparing the structure of the Constitution of the contents of the structure, is bound to the structure of the constitution of our country plays a positive role in perfecting.

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