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On the Value of the Constitution

Author: ZouZhu
Tutor: ZhuJunQiang
School: Guangxi Normal University
Course: The philosophy of Marxism
Keywords: Constitution the value of the Constitution the Constitution play a leading role.
CLC: D911
Type: Master's thesis
Year: 2000
Downloads: 391
Quote: 1
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Abstract

The value of the Constitution is the fundation theory of the science of the Constitution, it is a question can not avoid on bui Id rule of law country process. To this, many jurists have correct appraice. however, what is the value of the Constitution, jurists have different answers. Absorbing the good points of many experts and thinking of relative aspects, this paper answer the question in the first section . That is. the Constitution meanings for the people and satisfy the needs of the peop I e. the absolute surpass direct iodna I with regard to Const! tut i on of the people. The Constitution satisfy the needs of people, the absolute surpass directional with regard to Constitution of the people. The Constitution satisfy the needs of people adopt to the system of Constitution, which have Characterio legal and protect by the Constitution, it is legal on the system part; The other is real ity the needs of people which have syetemed. it is legal from social living part . Next . the nature of absolute surpass directional of the value of the Constitution are the main body have guide and goal meanings, which can not replace from begin to end when handle the relationship between the main body and object. The main body include individual and colony. The object include three aspect:the form of the Constitution system and standard: the form of social being; the form of ideology being.What is the character i sties of the value of the Constitution? Considering the distinguishing feature for the Constitution of a legal branch and the feature of the Constitution standard selfish and base on the social relationship. Which regulate by the Constitution standard. This paper raise five aspects characters of the value of the Constituti on: potential ity. basic, class nature, adaptabi t i ty, Supreme. These characters take different show to the value, it can classify from various angles for the forms of the value. The writer classifies the value of the Constitution to five kinds base on academic and practical principle:the value of colony and indivdual; the value of justice and profit: the value of order and liberty: the value of rule of law and democracy; the value of standard and sooi a) ; the value o reality, moral and aesthetic: the value of means and purpose.Di rectional of the value of the Constitution may general ize three aspect with the Charaoteric and forms above-mentioned:purpose directional: substance di reotional: procedure di rational. The forth part of this paper i I luminate cleary this question. First . it regard I iberty and a 11-round development of people as the purpose directional. The main body of the I iberty and a 11-round development of people are individual and all . it take liberty as core, it is movement and all-round devdlopment . Second . it regard national sovereignty as substance di reotional . which include three aspects : it is integrate subjective and objeoti ve. which base on the relationship of social political idea and material benefits on a certain historical period: it is integrate ideal ism and reality, which havedi fferent forms on various situations: it is integrate theory and practice, which are high degree abstract for spirit of the Constitution and the content of the value Continuous enrich and bring forth new ideas. Third . it regard right-power order as procedure directional, the order pattern take right as national origin and leading, right restrict power and power Condition each other.Inquiring about the nature. Character ic> forms and di recti ona I of the value of the Corstitution.We should bring forth the value conformity ultimate, the conformity require intense for "the Constitution play a leading role" on mordern society. Confined by the space, the fifth part of this paper summarize the lowest requires of "t he Constitution of the Constitution; That is. enrich the conscious of the Const i tut i on; perfect Const i tut i ona I i em i nst i tut i on; Comp I ete Const i tut i on proceduer; strengthen organizations. Point out these are great plans of social poltioal

On the Value of the Constitution

Abstract

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