Sexual support. Modern Britain, as the first constitutional country with separation of powers in the world, should be regarded as the greatest institutional innovation that Britain has contributed to modern world politics. It was through constitutionalism that modern Britain adopted.
Institutional innovation leads the trend of the times and quickly rises to become a European power and even a world power. Judging from the history of Europe, when Britain rose, its population just exceeded 20 million. Britain first disappeared in 1588.
Destroyed Spain's "Armada", then defeated the "sea coachman" Holland, and finally defeated France in the seven-year war in the late18th century, becoming the world hegemon. Moreover, with the constitution
With the improvement of the political system, the market economy system is becoming more and more mature in Britain. The industrial revolution first took place in Britain, and new technologies began to appear. 1765 watt improved the steam engine, 1768 Akelet.
Clapton invented the hydraulic loom in 1779, and Cartwright invented the power loom in 1784. It represents the theory of economic laissez-faire and mature market economy.
Adam's book. Smith's The Wealth of Nations was also published in 1776. The prosperous history of Britain for hundreds of years has fully proved the dynamic role of constitutionalism in economic and social development. It can be said,
Britain's constitutional road is successful, its experience is precious, and its influence on future generations is enormous. Studying the formation and development of British constitutional system can better understand the rise of modern Britain.
It helps to provide clues and grasp the root cause. As far as its far-reaching significance is concerned, the formation and perfection of modern British constitutional system is not only domestic, but also worldwide. Almost all constitutionalism in modern times
All countries follow the British constitutional system and embark on the road of constitutionalism.
The relationship between constitutionalism and market economy is undoubtedly a key issue in China's theoretical circle, and there is a certain regular relationship between them. China's constitutional process has been blocked for a hundred years.
The fundamental reason lies in the lack of market economy and the lack of effective balance and mutual respect between individual rights and state power. Fortunately, after more than 20 years of reform and opening up, the market economy
With the establishment and advancement of economy, the social interest structure in China has undergone fundamental changes, private property rights have been incorporated into the Constitution, and the diversified pattern of interest subjects has basically taken shape, thus becoming the constitutional government in China.
Its formation and development provide an unprecedented structural and background basis. Of course, the realization of constitutionalism in China cannot be separated from our rational and conscious promotion. This needs to contribute to the formation of western constitutionalism.
Strengthen research and enrich our understanding of constitutionalism. In fact, the understanding of constitutionalism itself is an important part of our constitutional construction. On the Formation and Development of Modern British Constitutional System
The historical investigation of the exhibition can provide some reference for us to understand and grasp the institutional change and evolution mechanism in the period of social change. We emphasize the diversity of modernization of all countries and all ethnic groups.
While developing uniquely, we can't ignore the universality and general laws of modernization. Although the political and economic systems and historical and cultural traditions of countries around the world are different, as long as the nation-state is adopted,
The family organization form, the pursuit of interest-oriented market economy and the adoption of formal rational and impersonal bureaucratic management system will inevitably lead to the choice of rule of law and constitutionalism in social governance. In the present China, with
With the establishment of the market economy system, the constitutional and constitutional issues have increasingly become the focus of attention in the political field and even the whole society, and have been reflected in the increasingly advancing political system reform of governing the country according to law.
Reflect clearly. Needless to say, the modern political system is directly related to the constitution and constitutionalism, so it can be said that the political system reform in China is a constitutional issue to some extent. For this, right?
It is necessary to trace the origin of constitutionalism and provide some knowledge and theoretical reserves for the development of constitutionalism in China. Britain is the "home country" of constitutionalism, and of course it has become a constitutional science.
An important link that cannot be avoided or bypassed. It is of great significance to make a historical investigation and reflection on the motivation, process and characteristics of the formation and development of modern British constitutionalism, and to rise to a regular understanding.
This is of great theoretical significance and practical value to the development of market economy and constitutional China. Of course, we should seek more experience rather than model from the formation and development of modern British constitutionalism.
Seek inspiration, not mode.
2. The characteristics of the formation of modern British constitutionalism
For a long time, the formation and development of British constitutionalism has been a research field that Chinese and western academic circles talk about. However, due to the continuous development of British constitutionalism, British constitutionalism
Its formation and development are branded with more traditional traces. Therefore, there are some vague understandings about the connection and difference between medieval British constitutionalism and modern British constitutionalism.
Same. In fact, from the17th century, the constitutional system and its values in modern Britain were quite different from those in the Middle Ages. In this regard, hobsbawm emphasizes that
This practice of avoiding fierce confrontation and preferring to label new bottles with old labels should not be confused with no change. From the Middle Ages to modern times, the constitutional development in Britain can be divided into two parts.
An inseparable stage: first, the hierarchical mixed regime in the Middle Ages, and then through the modern constitutional revolution, a mature and stable bourgeois regime of separation of powers was established. Britain from the Middle Ages "self"
Starting from the Magna Carta, due to the opposition and conflict among feudal local nobles, cities and kingship, the tradition of British constitutionalism was created under the feudal system, and a feudal mixed regime was founded. With modern information
With the development of the socialist commodity currency economy and the growth of the civil class, social contradictions have gradually turned into conflicts among local nobles, kings and civil classes. Feudalism is not conducive to the development of centralized countries.
The healthy development of commodity currency economy can not be separated from the protection of a huge centralized country. Under the protection of a huge centralized country, the transaction speed of resources can be accelerated, the transaction cost can be reduced and the transaction can be promoted.
Efficiency. At the same time, it also puts forward the paradox of the state, and having a strong government with limited power has become an inevitable requirement for economic development. If the country is too weak to guarantee the implementation of the contract.
With the protection of property rights, the development level of exchange and commodity currency economy will be very limited. However, with the strengthening of state power, there will be a problem: although a strong government can protect property rights, it
Because of the strong state power, it will also pose a threat to contracts and property rights. Therefore, the development of the free market system must be accompanied by the establishment of a system that restricts government behavior. Absolute countries can only follow Tao.
Morally, property rights are respected and guaranteed, but institutionally, they cannot be truly and effectively respected and guaranteed. /kloc-in the 0 th and 7 th centuries, Britain took the lead in establishing a constitutional system of separation of powers and began to use decentralization to solve national problems.
The "basic dilemma" of family roles. At this time, the social level of decentralization gradually faded and the functional color gradually increased. The division of parliamentary sovereignty and ordinary courts established after the "glorious revolution" in Britain from 65438 to 0688.
The independence of law limits the arbitrary infringement of private property by kingship, ensures the existence of restriction and balance within the state system, and enables the state to actively and effectively play its due role without abusing its power.
Force. Constitutionalism is not a denial of public power, but a restriction. Through the establishment and perfection of the constitutional system of separation of powers, a powerful and limited government was formed in modern Britain, namely 1780.
The industrial revolution in 2000 provided a key foundation for the protection of property rights. You could say that. Modern Britain rose under the protection of private property rights.
3. Study the formation method of modern British constitutionalism.
At present, there are theoretical divisions between metaphysics and realism, transcendentalism and empiricism, natural legalism and legal positivism in the field of constitutional law, and the emphasis on subjectivity and objectivity leads to
Different definitions of constitutionalism. The definition of constitutionalism in the constitutional circle is complex and diverse, and its root lies in the lack of a same discourse background for the understanding of constitutionalism. So in different situations,
Constitutionalism presents different meanings, which leads to confusion in the use of constitutional concept. Even in the same article, constitutionalism has different directions in different contexts. In fact, this is to some extent.
To some extent, it is the product of studying constitutionalism without the historical context of its formation: when studying constitutionalism, people are always used to treating its development history as only subordinate and secondary significance, and even believe in the Constitution.
Without political history, we can study and understand politics. Therefore, there are many deductive methods to analyze constitutionalism, but few factual description methods. Deduction and analysis methods are mostly constitutional.
The formation of politics is based on logical deduction, and due to the lack of historical research, its conclusion is bound to lack the vividness of facts and the massiness of history, and even has nothing to say. In fact, constitutionalism
The formation, development and transformation of "the Communist Party of China (CPC)" are intrinsically related to social life and social development, so we can't study it separately from its social foundation. The Development of Constitutionalism and Its Cost
The change of values is incomprehensible if it leaves the background conditions of its existence and change. Because, using the "definition" of constitutionalism to explain constitutionalism only answers "What is constitutionalism?"
"Question, but can't answer. What is constitutionalism? " It is actually more important to understand how constitutionalism came into being than to understand the definition of constitutionalism. Therefore, it is inseparable to study the formation of modern British constitutionalism.
Historical methods can not be separated from historical vision and historical background, which requires the introduction of historical methods and adherence to historical materialism. For the study of British constitutionalism, an interdisciplinary study of history and law is introduced.
It is also feasible. History and law are only artificially set up for the convenience of research, and the gap between them is not absolute. Because, whether it is history or law.
They all face the reality and history of the same human society, and the difference is only the research focus, research methods and theories used. Therefore, in the study.
It is normal for research fields to overlap or overlap. Moreover, interdisciplinary research methods are helpful to expand our research fields and horizons.
Through the logical combing of historical genesis, we can go beyond the superficial appearance and enter a deeper generation mechanism. As a process description, history itself is a method.
This is the basic theoretical accomplishment of jurists. As the German jurist savigny emphasized, "A jurist must have two indispensable qualities, that is, historical literacy, in order to firmly grasp every moment."
Characteristics of each legal form; A systematic vision examines every concept and law in close contact and cooperation with the whole thing, that is, only in its real and natural relationship. "by
Due to the lack of historical background and vision, the research on British constitutionalism has been carried out in a plane for a long time, but it lacks in-depth excavation; More confined to the surface, always suspended in waves. Don't understand constitutionalism.
What forces surge in the deep waters of rivers, forming visible peaks on the water. Through the in-depth description of history, it is helpful to restore the true historical features of modern British constitutionalism since its formation
It helps us to know more accurately the real historical process of the development of British constitutionalism in modern times, and thus abstract the inherent laws of the formation and development of constitutionalism. The inherent law of the formation and development of constitutionalism is not in history.
Outside, but historically. With the deepening and development of constitutional history research, constitutional theory research has lost its foundation and support. At present, it is difficult to get a constitutional theory about Britain.
One of the important reasons for the great progress is the lag in the study of British constitutional history. It can be said that there can be no real analysis without a set of descriptive constitutional history works in line with historical development.
Sexual constitutional theory, not to mention advanced constitutional theory. Because "knowing why" is based on "knowing why". Therefore, it is necessary to establish a relationship between constitutional history and constitutional theory.
Good interactive relationship, only by closely combining historical narrative with theoretical research, can the viewpoint be true and profound. Persuasive British constitutional theory can only be based on Britain.
Based on the direct and continuous reflection on the constitutional history of China.
After hundreds of years of slow growth, the liberal tradition of the British nation, which was conceived in the confrontation between monarchs and nobles in the Middle Ages, gradually took root and sprouted under the nourishment of new events and new spirits such as 15, 16 century Renaissance, religious reform, geographical discovery, commercial revolution and so on. Finally, due to the British revolution in the17th century, it became the flower of constitutionalism and the fruit of freedom. The idea and system of constitutionalism announced the awakening of human political consciousness and opened a new era of human civilization. For three centuries, especially after the catastrophe of totalitarian politics in the 20th century, constitutionalism, as a style of modern political life, has gradually become human knowledge. The main systems and concepts of constitutionalism originated in Britain. Constitutional systems such as parliamentary system, responsible cabinet system, political party system and civil service system first came into being in Britain. The principles of property rights, basic human rights, separation of powers and limited government, and rule of law of the Constitution all come from the experience of British constitutional practice. In the process of constitutionalism, Britain cultivated and developed the constitutional system and the spirit of freedom. The interaction between the constitutional system and the spirit of freedom, and the interaction between social history and ideological history, enabled Britain to successfully change from the medieval political system to the modern constitutional monarchy after experiencing the great conflict between tradition and change, avoided radical and revolutionary social changes, and took the lead in entering the modern society, creating a British constitutional model with British empirical characteristics.
The so-called constitutionalism, in short, is a limited government. The core content of constitutionalism is to limit and restrain state power and establish and protect citizens' rights and freedoms. It is in the restriction of state power that civil rights are guaranteed, political freedom is realized, and the boundary between public space and private space is established. The vigilance and prevention of power is rooted in cherishing the value of freedom, so rights and freedom are higher than and prior to power.
The constitutional road in Britain is a road of natural evolution and gradual reform. Britain has stepped into modern society from traditional society, and turned from monarchy to modern politics. The way to realize constitutionalism is through continuous and gradual social reform in the dynamic balance of social power conflict and harmony. Since the Magna Carta of Freedom in the Middle Ages, Britain has created the tradition of British freedom because of the opposition and conflict between nobles and kingship. With the development of modern capitalism and the rise of the middle class, this tradition has become the opposition between aristocrats, kings, the middle class and parliaments. /kloc-the British revolution in the 0/7th century successfully achieved the reconciliation between monarchy and constitutionalism with a glorious revolution, and ended with the combination of traditional political forms and modern political spirit. The glorious revolution became the last revolution in British history. With the development of the industrial revolution in the18th century, the working class gradually grew into an independent and complete political force, and formed two opposing social forces with industrialists. Democratization has become the theme of political change in the19th century. In the tide of social change, politicians assess the situation. The first parliamentary reform of 1832 made the process of British democratization adopt gradual reform and avoided the cost of the French Revolution. In the 20th century, British constitutional reform also devoted itself to piecemeal social engineering, but rejected the utopian social engineering prevailing in Europe. The compromise solution to the conflict between Fabian socialism and liberal capitalism is to establish a "welfare state". After the two world wars, Britain avoided the painful price of fascism and other totalitarianism.