Political Perspective on the constitutional analysis

Paper Keywords: constitutionalism, constitutional, political science
Abstract: constitutional basis of the state constitution to achieve the political form of constitutional values and the political process. Constitutional value in its ability to maintain the effective functioning of democracy. Realizing the power of rational allocation and effective protection of human rights. The value of these three all point to the "power" the core of the political, and assurance are closely related to the operation of the power and the need to ensure the institutionalization of power operates in accordance with the constitutional purpose. Therefore, the norms and limits the exercise of power is the core of constitutional values.

Constitutional law constitutional documents in order to improve as the premise, based on the rule of law in order to achieve happiness of the people, the state of justice for the purpose of building socialist political civilization is to achieve an important way of building socialist political civilization, the proper meaning. Constitutional law is not only a concept, it is a concept in political science, only within the framework of the existing political system, constitutional government in order to truly demonstrate the value of constitutional government. Therefore, from the perspective of political science content and value of constitutional studies, have important practical significance.

First, the constitution is a good implementation of the Constitution
Modern sense of the Constitution originated in the 17th century constitutional revolution in Britain, the United States after the War of Independence created the first written constitution. The modern meaning of government is called a constitutional government because the government is a constitutional derivatives, As a result the Constitution and the existence of the function and significance of the Government are set on achieving the value of the Constitution and its goals.

Dual nature of the Constitution, the Constitution is not only the law, but also the fundamental law of a country. The Constitution of the fundamental law of the nature of the constitutional content. Fundamental law of the nature of the legal relationship of the main requirements of the Constitution not as citizens, community groups and other common social body. But the country authority, not only in the horizontal, including national legislation, judicial, administrative and other functions, but also in the vertical, including every level of state authority on the adjustment of the usual relationship between social subjects and guidelines, but state power between state power and civil rights of the question, the relationship between the exercise of state power as well as guidelines for the protection of civil rights. constitutional legitimacy of the state will be established based on the form set down by law, including the state system, political system, authority system, the kinds of checks and balances and interest balance of power principle. in short, the constitution of a country to adjust the fundamental political system.

Determine the legal nature of the Constitution to exercise the constitutional requirements. Because the law must be effectively implemented, in order to function and realize its value, can not be equal to a piece of paper to implement the law. The Constitution, though the fundamental law, but its essence is law unconstitutional behavior must be punished, so that it can maintain the authority of the Constitution, reflecting the value of the Constitution. all kinds of social subjects, no matter how much of their own political power, the scope of the Constitution must exercise their powers in violation of the Constitution of the society subject, regardless of the political status of the abilities should be punished by the Constitution and the law, any legislative body established legal norms, if its purpose and the terms and provisions of the Constitution contrary to the basic spirit and should be considered invalid. Simply put, Constitutionalism is a good implementation of the Constitution.

Thus, the constitutional premise of the Constitution, national implementation of the constitutional government, we must first have its own constitution, a country has its own constitution requires the State legislature not only developed a written constitution, but also for the constitution in its purpose and content must be reflects the essence of democracy, the principles of representative government and democratic value of the rule of law. so-called "draconian illegal", if the constitution or internal repression as a national tool for dictatorship, the Constitution is not what we call the modern sense The real constitution, does not have the true value of the Constitution.

Secondly, the implementation of the constitutional process, we must implement their own value the Constitution. No matter how developed the Constitution, if the lack of effective implementation of the social order established by the Constitution the same can not be achieved. How to make the effective implementation of the Constitution, the key is how the Constitution established the operating rules of the state power to put into practice, making the organs of state power to run within the framework of the Constitution, as protection of civil rights, civil rights made the right from paper into reality on the right. Moreover, constitutional largely depend on national implementation of the Government's respect for and observance of the Constitution, the state constitutional body, although in fact, is the founder and practitioners of constitutional government, and constitutional government itself needs the state, the Government's public power to promote their implementation. But the Constitution to restrict the country, the government's responsibility to exercise public power, which power its expansion phase-contradiction. public authority is also the implementation of the constitutional constraints of the subject and the object was, if those in power desire for unlimited expansion of power, entirely possible abolition of the constitution they have drawn, will destroy the constitutional system. Therefore, in the implementation of the constitutional process, the value of the Constitution must be implemented in the implementation of the constitutional body which each go, and will implement the rule of constitutional power to run the country every aspect of them to go.

Again, the constitutional form of a political nature and the political process. As a state constitutional adjustment is a fundamental political system, constitutional naturally around the state to exercise fundamental political system. Is the core issue of political power, political system, the core issue the distribution of power is how the national political power in a reasonable configuration, making the political power to effectively run an orderly, to reconcile and balance the interests of different sectors, adding to social well-being, increase public acceptance of government power, which safeguard the country's legitimacy. power configuration and operation is good or bad, can make countries have different political status. constitutional adjustment of the fundamental political system of the national operating rules, system operating rules must depend on the configuration of power. constitutionalism by sought, and precisely state based on the Constitution, the exercise of state power into the framework of the Constitution, the power of a political form of limited use. Also, from the perspective of the dynamic. constitutionalism is a good implementation of the Constitution, the Constitution The implementation is through the national decision-making, for the people of democracy, human rights demand a political output in the form of the constitution the role of the social political and economic environment within the political system is a political process.

From the foregoing, the constitutional basis of the state constitution to achieve the political form of constitutional values and the political process.


Second, the value of constitutional
The exercise of constitutional government by the Constitution, the principles and spirit of the Constitution, the ultimate role of the state and citizens, the value of constitutional means to meet the state and citizens of constitutional development, the development of the country and citizens must possess the role. Also, the value should have universality and objectivity, that all mankind should have generally recognized the constitutional value. constitutional value and the value of the Constitution is also somewhat different, the value of the Constitution is a static value, simply reflect the constitutional ideals of political objectives, The value of the constitutional value is dynamic, reflecting the transformation of the constitution of the current political process. constitutional value should include: the effective functioning of democracy, the rational allocation of powers, the effective protection of human rights.

1. The effective functioning of democracy
Guarantee the effective functioning of democracy is the primary constitutional value. Modern sense of the constitutional doctrine of the advent of modern democracy and has a close relationship, is the constitutional basis of democratic politics. For a variety of different angles of democratic understanding. In the national political system level, democracy is a people's equality, and extensive national form of political participation, institutionalization of democracy can only be achieved in the constitutional order. The Constitution is the product of people's sovereignty is the people who determine their country's sovereignty with the protection of legal status is the people to protect their right to decide on national affairs with the protection of constitutional democracy is the proper meaning.

During operation of democracy will show one of the flaws. First, democracy requires a fair electoral process through the power entrusted to the party or representative bodies, however, the expansion of the power will erode their sources of power for the ruling party or the master representative organs of power to the identity of interests "of the minority tyranny." Thus, constitutional democracy needs to ensure their effective operation, the pursuit of constitutional democracy, is the most universal of democracy is the largest democracy He Faxing Jichu . Second, the democratic representative form of government needs to run, representative needs to have the representatives elected by the expression of public opinion, receive more votes and elected representatives must be the expression of the major sectors of society will, but not representative of all sectors, in particular, is part of the weak sectors or emerging class interests. However, the democratic system, which requires "minority is subordinate to the principle of" will of the majority that is able to represent the will of the entire country, which is a minority in terms of inequality. May lead to "tyranny of the majority", with the forces of change in the strength of social class, this inequality will affect the legitimacy of society as a whole or even shake the foundation. Even those in power can also be achieved through the democratic process of its own tyranny. But the constitutional protection of the rights of all people, advocating the restriction of state power, constitutional democracy have much broader than the legitimacy of constitutional basic rights of citizens through the provision and to give citizens the legal way to seek equality and thus democracy in the country constrain the system, if any individual or social class by the "tyranny of the majority", are able to maintain its own constitutional rights.

2. Rational allocation of power
Jin Xing is the constitutional power of the rational allocation of the principal value. Pursuant to the preceding described adjustment of the Constitution is the fundamental political system of a country, while political power is the core of the problem, only the rational allocation of powers and constraints in order to ensure the normal state apparatus orderly fashion. a country to constitutional government, the constitution must state organs of power at all levels between and among various administrative division, limit the scope of the exercise of power. The Constitution is the origin of the legitimacy of authority, as all sources of state power are authorized in the Constitution, the Constitution is a symbol of people's sovereignty. If violations of state power, individual rights, people have the right to challenge state power and resistance. The Constitution is the source of state power will be fixed in the form of law.

Constitutional requirements of separation of powers must be carried out, including horizontal and vertical decentralization decentralization. Horizontal division of powers means the functions of state power according to the different decomposition. Western state stands for the executive, legislative and judicial powers, three powers independent of each other, mutual restraint to prevent The emergence of autocratic power, with the development of the times, the three powers of their mutual penetration, there has been the phenomenon of cross-power. Our Legislature and Administration insists the principle, the implementation of people's congress system, the people's congress is China's representative authority, its nature of both the legislature and the executive arm of the law, state power by the National People's Congress to exercise unified, the local authority by the local people's congresses at all levels to exercise. The Government, the courts, prosecutors and other administrative and judicial organs produced by the NPC, the NPC is responsible for . Links to Research Papers Download http://www.hi138.com vertical separation of powers is the decision by the State administrative level. In the present world, with about two hundred countries, in addition to the Vatican, Singapore and other tiny countries, only need to set up a central level of government, mostly by major Western countries, three-tier system, namely: Central - Local - the grassroots level. China's major five-tier system used: Central - provinces (autonomous regions and municipalities) - City (Autonomous) - County (county, county-level cities) eleven township (town), in addition, some are places in our county's district office, an agency of the township offices, actual administrative level up to seven. vertical separation of powers the executive level generated mainly by the following factors: first, land area, land area the size of the general and administrative levels is proportional to the number, followed by political tradition, such as the geographical division of China's many provinces and major City set is from the feudal society began to spread so far, not much change, once again the degree of centralization of national power more centralized state, and its relatively high administrative level, the more decentralized countries, the administrative level are relatively less.


Configuration and operation of power rule must be provided by the Constitution strictly. The state power of the horizontal and vertical separation of powers, constitutional provisions not only to the scope of the exercise of the powers and procedures, and mutual restraint to make the powers to restrict the power of power, if makes the expansion of the power of power itself expanding beyond its boundaries, not only against the people's rights, but also threaten the legitimacy of the state. Thus, the rational allocation of power is the constitutional core, the most important value.

3. Effective protection of human rights
Effective protection of human rights is a constitutional fundamental value. Constitutional development of all associated with protection of human rights, "human rights" was first in opposition to divine right of kings, hierarchy and privilege and other feudal ideology put forward, the constitutional form at the beginning, about protection of human rights as its pursuit of The value of the target. In the UK, "<Personal Protection Act" "(1679)," <bill of rights> "(1689)," <Act of Settlement> "(1701) formulation, to limit the rights guaranteed in the basic spirit of the monarchy, marks the establishment of the British constitutional system. the United States <"The Independents Declaration>> established as a fundamental human rights, power constrained from the constitutional rights and the spirit of the First Amendment is the first time in human history to the fundamental law confirm the form of civil rights and protection. the French Constituent Assembly in 1791 passed <"Human Rights Declaration>> Preamble to the Constitution as a whole. modern countries have a special section of the Constitution stipulates that citizens almost the basic human rights.

Constitutional protection of human rights is not absolute, individual right is not totally free, no boundaries. The exercise of individual rights may conflict with the rights of others. In order to maintain the normal operation of the order of the State, the State shall have the right relationship between citizens adjustment, the right to limit civil rights provisions, so that expansion of individual rights can not be unlimited, can not violate the legal rights. Only the State the right to punish violations of citizens, while the prohibition of private punishment.

These requirements limit the State's human rights is a means to protect human rights is the goal, and the need to set down the form of the Constitution, and the restrictions on human rights can only be prescribed by the Constitution, so that it can achieve the purpose of the constitutional protection of human rights itself.

Third, the core values of constitutionalism
Constitutional democracy in the maintenance of effective functioning of the rational allocation of powers, the effective protection of human rights values are three points to the core of the constitutional - authority. First of all, democracy is a people's equality, and extensive national form of political participation, The people have equal and extensive political participation must rely on the good performance of state power in order to effectively protect social equity and justice, making the state power and civil rights of the principle of popular sovereignty to achieve the required harmony, the ideal state. The constitutional Through " tyranny of the minority "and the" tyranny of the majority "of the constraints to the institutionalization of democracy, the institutionalization of democracy can only be achieved in the constitutional order. Therefore, the constitutional authority to protect the reasonable and orderly operation of the fundamental approach is to protect power to run the best way to meet the purpose of fairness and justice. Second, the fundamental laws of constitutional order in the form of the structure and operation of power allocation rules, the introduction of an independent judicial authority to supervise the operation of state power, to make up for the civil rights and state power from confrontation on the bottom enough to contain the level of the system, the expansion of the power. the power to run into the orbit of the rule of law is an important political development of modern democratic outcomes. Once again, human rights are fundamental rights of citizens, safeguard the citizens the dominant position of its political independence, against the basic attributes of public power. citizens in the formation or recognition of the country, when individuals confirm the relationship between the national coordination of the right to form a national power. and preserved to maintain their own survival and not the natural attributes community property subject to natural necessity to form the basic human rights. Human rights aspects of living in the top of the political operation, is sacred and inviolable, the state's fundamental purpose is to run as a national member to protect the basic human rights of citizens. The constitutional power to regulate state Run for the purpose, need to ensure that the operation of state power in the composition of the national authority and the fundamental purpose of the proper meaning. Not only play a coordinating role in the relationship between civil rights, and the most fundamental basic human rights is to protect citizens from abuse of state power, delimitation of power operation.

Shows power over every aspect of the constitutional value. The effective functioning of democracy, the power of the rational allocation and effective protection of human rights, the exercise of power are reflected in the norms and restrictions. Power is the core of politics is the political form of the distribution of all the resources and the target of a political process, and constitutional government is limit the exercise of power a power allocation, based on the exercise of constitutional powers of the content in the form of norms and procedures of a political form and political process. both to protect the effective functioning of democracy, the rational allocation of power, or the effective protection of human rights. The fundamental purpose of both is included in the exercise of power among a certain track, and this track is the constitution of legal documents, this track structures must comply with the maximum of democracy and human rights protection. the exercise of power restrictions are constitutional norms and the core value.

In short, constitutional government is not only a legal issue, but also a political issue, the country's political system of constitutional government needs to match its implementation requires the constitutional state and community development needs with Shiying political culture need the political participation in the constitutional framework orderly fashion. Requires the exercise of state power to protect the constitutional purpose and value for the purpose. Our country the rule of law, the basic national policy to achieve political implementation of civilization, it is necessary to guide the role of the Constitution, the provisions required by the constitution to the country's political system on the constitutional political In the perspective study contribute to our rule of law, for the realization of the basic national policy of political civilization to provide theoretical support. Links http://www.hi138.com Research Papers Download