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Constitution adaptability theory Exploration and Practice in China 's legal

Author: HeSiZhe
Tutor: WangWei
School: Fudan University
Course: Legal
Keywords: Adaptability of the Constitution constitutional change constitutional stability
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 20
Quote: 0
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Abstract


The Constitution is the fundamental law of the State adjusting the fundamental problem and the global issues of the country. It made provision in principle to deal with the above issues compared with the general law, The Constitution is more capable to bear the stress come from the changing of political, economic and cultural, That means the constitution is more adaptive then the general law. According to numerous jurist, Adaptability is the life of the Constitution. It reveals the relationship between constitution and social reality, It must reflect a certain degree of social relations, It can’t departure from the social reality. The basic principles of theory of constitutional adaptation is the legislators continue to correct and adjust the relationship between constitutional norms and social reality in the process of society, thus to ensure the contents of the constitution always have fresh vitality, always reflect the requirements of the times and people’s material and cultural needs. Throughout the theoretical study on the constitution in our own country, Adaptation theory of constitution is still a weak link, which has not yet formed a complete system for the application of principles and systems. At the practical level, Our constitutional Change Mechanism is still not perfect, the Constitutional Amendment and the Constitutional Interpretation is still uneven development in our country, The supporting system such as Constitutional Review Procedure and the Constitution Judicial Application is still not perfect even gaps. This paper is based on the analysis of the theory of constitutional adaptation which combined with our constitutional tradition and the social reality in order to enhance the adaptability of the Constitution and form a good constitutional order.This paper mainly composes of three parts, including introduction, main body and conclusion. The main body can also be divided into three sections as follows:Chapter one mainly describes the main theories on Constitutional Adaptation. Explore the adaptability of the Constitution and other concepts, such as the stability of the Constitution, constitutional change, the constitutional order and the relationship between them by the analysis of essential attribute of the Constitution, the objective laws of social development and the causes of the problem of adaptability constitution so as to further clarify the meaning of the constitution and the role of adaptation.Chapter two mainly describes two ways to enhance the adaptability of the constitution, That is two basic structure unit of Constitutional Change Mechanism, including the Constitutional Amendment and the Constitutional Interpretation. This chapter will further clarify the effect of differences and feasibility of different levels between the two ways in China by comparing the characteristics of them.Chapter three will combine theory with practice in order to explore a model and system which is benefit to the building of the Constitution Adaptive Mechanism, find the theoretical basis and practical conditions which is benefit to build the Constitution Adaptive Mechanism by the analysis of previous revisions of the Constitution of New China.

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