form

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The basic law of the country. The law with the highest legal effect is the legal basis of other laws.

The word constitution comes from the Latin constitution, which originally meant organization and establishment. The ancient Roman Empire used it to express the emperor's "imperial edict" and "imperial edict", which was different from the legal documents passed by the citizens' meeting. In feudal Europe, it was used to express the confirmation of the basic principles of the state system in daily legislation, which included the meaning of the organic law. Britain established a representative system in the Middle Ages, and established the principle that the king could not levy taxes or enact other legislation without the consent of Parliament. Later, the representative system was popularized in Europe and America. People called the law that stipulated the representative system the Constitution, which refers to the law that confirmed constitutionalism.

The words "constitution", "constitutional decree" and "constitution" are synonymous with "law" in China's ancient books, and the ancient Japanese "constitution" also refers to laws and regulations, all of which have different meanings from the modern "constitution". During the Meiji Restoration in the 1960s from 65438 to 2009, with the introduction of western constitutional ideas, the concept of Japan appeared, which was equivalent to that of Europe and America. 1898, during the Reform Movement of 1898 in China, the reformists headed by Kang Youwei asked the Qing court to formulate a constitution and implement a constitutional monarchy. 1908, the Qing government promulgated the Outline of the King James Constitution, and from then on, the word "constitution" became a special word in the fundamental law of China.

Constitution is a manifestation of the contrast of class power.

The constitution is the product of class struggle, which was formulated by the class that won the class struggle and mastered the state power. It is used to maintain and consolidate the state power of this class and is the victory of this class. From the class nature of constitution, modern constitution can be basically divided into two types, namely, bourgeois constitution and socialist constitution.

In Britain, the United States and France, the bourgeois revolution broke out earlier, and bourgeois constitutions first appeared in these three countries. Their political systems are not exactly the same, but their class nature is the same. They are all based on the capitalist's possession of the means of production, and their sacred duty is to protect the capitalist's private property. Politically, it is to consolidate the bourgeois dictatorship and confirm the bourgeois democratic system. Although some articles in the capitalist constitution are different, they all embody the will of the bourgeoisie and safeguard its fundamental interests.

After the proletariat establishes political power, it also needs the constitution to consolidate its victory. Socialist countries have different political systems, but the class nature is the same. Socialist constitutions are all based on the economic basis of public ownership of the means of production, with the development of productive forces and the protection of public property as the primary tasks; They are all aimed at consolidating the dictatorship of the proletariat and establishing a socialist democratic system; They are the concentrated expression of the will of the proletariat and reflect its fundamental interests.

The constitutions of different countries of the same type are different; The constitution of the same country has also changed in different historical periods. In addition to the level of economic and cultural development, national historical characteristics and other factors, the change of the actual comparative relationship of class power is an important reason for this phenomenon.

Constitution is the legalization of democratic system. The bourgeois constitution embodies bourgeois democracy and the socialist constitution embodies socialist democracy.

The bourgeois constitution and bourgeois democracy are inseparable. "Constitutionalism", "Constitutionalism" and "Constitutionalism" are all aliases of bourgeois democratic politics based on representative system. The bourgeois constitution came into being in the process of opposing feudal autocracy and establishing bourgeois democratic system. In order to develop capitalism, the bourgeoisie needs to break through the shackles of feudal system and realize freedom of buying and selling, freedom of contract and exchange of equal value. This kind of relations of production is reflected in politics, that is, to establish bourgeois democracy that flaunts freedom, equality and human rights. Its constitution stipulates the principles of people's sovereignty, separation of powers (see the system of separation of powers), respect for basic human rights and equality before the law. The democratic system stipulated in the bourgeois constitution is to consolidate capitalist relations of production. It declared that "private property is inviolable" and took the protection of bourgeois private ownership and the exploitation of the proletariat as the primary task. In this way, capitalist countries will inevitably implement bourgeois dictatorship. But in order to deceive the proletariat, they keep saying that it is dictatorship, which is not expressly stipulated in the Constitution.

After the victory of the proletarian revolution, it is necessary to legalize the socialist democratic system, formulate a constitution, consolidate political power and safeguard socialist democracy. Socialized mass production and public ownership of means of production are the economic foundation of socialist democracy, and the socialist constitution is the legal means to consolidate and develop this economic foundation. The socialist constitution openly recognizes that a socialist country is a country under the dictatorship of the proletariat. The dictatorship of the proletariat includes the dictatorship of the exploiter and the democracy of the working people, that is, socialist democracy. Socialist democracy is the highest form of democracy? However, socialist democracy has a process of development, and the socialist constitution must also have a process of continuous development and improvement. The Constitution of People's Republic of China (PRC) (1982) has developed socialist democracy and legalized the socialist democratic system that is suitable for China's national conditions and the needs of socialist modernization. Its fundamental task is to create favorable conditions for building a highly civilized and democratic socialist modern power.

The constitution is the fundamental law of the country, which is essentially consistent with ordinary laws? However, because it is the fundamental law, it is different from the general law and has its special attributes, which are shown in the following four aspects.

The constitution stipulates the fundamental system of the country and the basic principles of national life, so some countries call the constitution the fundamental law or the basic law. In addition to the basic principles of the social system and the state system, the Constitution also stipulates that the organs of state power organize and confirm the basic rights and obligations of citizens.

Because the constitution stipulates the most fundamental and important principles and systems in national life, it becomes the legal basis for the legislature to carry out daily legislative activities. Therefore, the constitution is also called the "mother law" and "supreme law", while ordinary laws are called "sub-laws". However, the constitution can only stipulate legislative principles and cannot replace ordinary legislation.

Constitution has the highest legal effect, and it is the fundamental law of the country in content, which determines that its legal status is higher than the common law, and it has the highest legal authority and the highest legal effect. The constitution is the basis for making ordinary laws, and the contents of ordinary laws must conform to the provisions of the constitution. Laws that contradict the contents of the Constitution are invalid.

Constitution has the highest legal effect, which is recognized by countries that implemented constitutional system in modern times, and many countries' constitutions have explicit provisions on this. 1982 "People's Republic of China (PRC) Constitution" clearly stipulates in the preface: "This Constitution confirms the achievements of the struggle of the people of all ethnic groups in China in the form of law, stipulates the fundamental system and tasks of the country, is the fundamental law of the country, and has the highest legal effect." Article 5 also stipulates: "All laws, administrative regulations and local regulations shall not contravene the Constitution." 1946 Japan's constitution stipulates: "this constitution is the highest law of the country, and all or part of laws, orders, imperial edicts and other acts related to state affairs that violate its provisions are invalid."

There are generally special procedures for the formulation and revision of the constitution. Constitutions are divided into written constitutions and unwritten constitutions. Written constitution refers to a constitutional code with clear provisions, which consists of one or several legal documents. For example, the Constitution of the United States is a written constitutional code, and the Constitution of the Third Republic of France 1875 includes three constitutional laws. An unwritten constitution refers to a constitution without a clear constitutional code and independent legal documents, and its contents are scattered in laws promulgated in different historical periods or conventions formed in history, such as the British Constitution.

Written constitutions generally stipulate special drafting and revision procedures. In order to draft or amend the constitution, some countries have set up special institutions, such as the Constitution Drafting Committee, the Constitutional Convention, and the Constitutional Convention. For example, the Constitution of People's Republic of China (PRC) (PRC) 1982 was amended by the Constitutional Amendment Committee established in September 1980. 1787 in may, the United States was composed of 55 representatives who were responsible for drafting the constitution of the United States and submitting it to the States for approval. Many countries have also stipulated special procedures for the adoption or ratification of constitutions. The draft constitution of China 1982 was submitted by the Constitutional Amendment Committee to the NPC Standing Committee for discussion and promulgation, and was submitted to the people of the whole country for discussion and revision, and finally passed by the National People's Congress. In the early days of the United States, when there were only 13 states in the whole country, it was stipulated that the Constitution would not take effect until it was approved by nine states.

Due to the different revision procedures, written constitutions can be divided into rigid constitutions and flexible constitutions. Rigid constitution means that the constitution can only be amended through a stricter procedure than amending ordinary laws. The procedure of amending written constitutions in most countries is more complicated than amending ordinary laws. China's 1982 constitution stipulates: "The revision of the constitution shall be proposed by the NPC Standing Committee or by the deputies to the National People's Congress at least 1/5, and passed by the National People's Congress with a majority of more than two thirds of all the deputies." According to the Constitution of the United States, a constitutional amendment can be proposed with the consent of two-thirds of the members of both houses of Congress or at the request of two-thirds of the state legislatures, and the amendment will take effect only after it has been passed by three-quarters of the state legislatures or constitutional amendment meetings. Some countries also specifically stipulate that a certain content of the constitution cannot be amended. Strictly stipulating the procedure of amending the constitution is helpful to maintain the authority and stability of the constitution.

However, some written constitutions are not rigid constitutions. For example, after risorgimento in 186 1 year, the Constitution of the Kingdom of Sardinia formulated in 1848 was adopted as the Italian Constitution. This written constitution does not stipulate a special amendment procedure, and it can be amended according to the procedure for amending ordinary laws. A constitution that can be amended according to the procedure of amending ordinary laws is called a flexible constitution. The unwritten constitution has no modification procedure and belongs to the flexible constitution.

Special provisions of the Constitution In order to safeguard the authority of the Constitution and avoid difficulties in application, it is sometimes necessary for the relevant state organs to make specific and clear explanations on the meaning, content and boundaries of the constitutional provisions. Therefore, many countries have made special provisions on the ownership of the right to interpret the constitution and the right to supervise the implementation of the constitution in their constitutions.

According to the provisions of national constitutions, the ownership of constitutional interpretation and supervision can be divided into the following three systems: ① Legislative interpretation system. In some countries, parliaments, and in some countries, the highest authority or its permanent organs exercise the power of constitutional interpretation and supervision. China 1982 Constitution stipulates that the National People's Congress and the NPC Standing Committee supervise the implementation of the Constitution, and the NPC Standing Committee has the power to interpret the Constitution. ② Judicial interpretation system. This system began in America. The Supreme Court of the United States has the power to declare whether federal laws and state laws are in conformity with the federal constitution. This power of the Supreme Court is not expressly stipulated in the Constitution, but a constitutional convention formed in trial practice. At present, many countries in the world have adopted the judicial interpretation system. (3) Ad hoc institutional interpretation system. This power is exercised by specially established institutions, such as the Constitutional Council, the Constitutional Court or the Constitutional Court.

All state agencies that have the power to interpret the Constitution and supervise its implementation usually have the power to decide whether laws, decrees, regulations and administrative actions are unconstitutional. This system is generally called unconstitutional review system.

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The first constitution in the world

The earliest bourgeois constitution is the unwritten constitution of Britain, which is the product of mutual compromise between the bourgeoisie and the feudal aristocracy in the middle of the17th century. Adopt a series of constitutional laws that gradually restrict the royal power and expand the political power of the bourgeoisie, such as the Right Petition, the Personal Protection Law, the Law on Succession to the Throne, and the Parliamentary Law. These constitutional laws, together with political practice and judicial precedents, constitute the British Constitution, establishing the British constitutional monarchy and parliamentary cabinet system.

After the victory of American War of Independence against British colonial rule, 1776, the Constitutional Convention attended by representatives of various states drafted the Confederacy Regulations, which came into effect in March of 178 1, and became the first written constitution in the United States and even the world, thus creating the era of written constitution. 1The American Constitution adopted in September 1987 came into effect in April 1989, establishing a federal system and a presidential system with the separation of powers as the core. 179 1 year, France formulated the first constitution on the European continent, with 1789, the Declaration of Human Rights and Civil Rights, which was born in the French bourgeois revolution, as the preface of the constitution, and established the first Republic of France on this basis.

Britain is the earliest constitutional country in the world, but the British Constitution does not have a unified and complete transaction code, but consists of constitutional documents, court cases and parliamentary practices promulgated in various historical periods.

The American Constitution is the first written constitution of a capitalist country. Based on 1776, the Declaration of Independence and the Federal Regulations adopted after the victory of the American War of Independence were formulated at 1787, which had a great influence on the constitution-making of capitalist countries.

The earliest formal constitution is the federal constitution of the United States.