19 Constitution

1. Rigid ConstitutionThe rigid constitution refers to a constitution that is higher in effect than ordinary laws and has stricter constitutional amendment procedures than ordinary laws.

2. Constitutional SourcesThe constitutional sources, that is, the sources of constitutional law, refer to those forms of expression that have the effect, role and significance of the Constitution, so the constitutional sources are also called the forms (or external forms) of the Constitution, which focus on grasping the various manifestations of the Constitution from the external formal sense of the Constitution.

3. Declaration of IndependenceThe Declaration of Independence drafted by Jefferson in 1776 and the Articles of Confederation adopted in 1777 were the most important constitutional documents before the formulation of the United States Federal Constitution, and their leading ideas and institutional architecture directly influenced the formulation of the 1787 Constitution.

The Declaration of Independence, which Marx called the world's first declaration of human rights, was based on the idea of popular sovereignty and demanded independence from the British monarchy.

Four important political principles were proposed, namely, the principle of natural rights, the principle of the social contract at the origin of the state, the principle of popular sovereignty and the principle of the right of the people to resist.

4. Grassroots Mass Autonomy System The grassroots mass autonomy system refers to the form of mass autonomous organizations formed by urban residents and rural villagers on the basis of a certain residential area and its mode of operation, and it is a democratic system in which grassroots mass autonomous organizations carry out self-management, self-education, and self-service.

5. Social rightsThe so-called social rights, also known as social rights, refer to those economic, social and cultural rights that are different from traditional freedom rights, focus on protecting the weak, maintaining social peace, and requiring the state to act actively.

II. Short-answer question 1: The object of constitutional relations The object of constitutional relations refers to the objects to which the rights, obligations, powers, and duties of the subject of the Constitution are directed.

Compared with other legal relations, constitutional relations include not only material wealth, non-material wealth, and behavior, but also basic political, economic, spiritual and cultural wealth.

(1) Material wealth. This wealth manifests itself in tangible things, money, marketable securities. (2) Immaterial wealth.

It includes the products formed through creative activity and the immaterial wealth associated with the human body. (3) Conduct.

Including acts and omissions. (4) Basic political, economic and cultural wealth. The Constitution is the fundamental law of the state, and what it stipulates is the major issues in the political life of the state, so the important systems and principles of the state have become the content of the constitution, and the related to these has formed the object of constitutional relations that are different from other legal relations.

2. The embodiment of the principle of sovereignty in the people in the constitution Since the English bourgeois revolution in the 17th century, the constitutions of various countries have embodied the principle of sovereignty in the people in different ways or forms.

(1) Put forward the principle of sovereignty in the people as the core of the concept of constitutionalism, and guide and inspire the people to carry out democratic revolution.

The Declaration of Independence of the United States in 1776 and the Declaration of the Rights of Man in France in 1789 are the most vivid political declarations that embody the principle of sovereignty in the people, and can also be regarded as well-known constitutional documents.

The Declaration of Independence and the Declaration of Human Rights share the principle that the legitimate authority of government derives from the consent of the governed.

Although there are differences in the specific systems that embody sovereignty in the people, the idea of sovereignty in the people has tremendous theoretical power in promoting the democratic political revolution in the United States and France.

(2) Most modern constitutions clearly express the principle of sovereignty in the people in the preamble or general outline, which constitutes an important content of the constitution.

In short, although there are slight differences in the way in which they are expressed, the principle of sovereignty in the people is directly or indirectly embodied in the constitutions of various countries.

(3) Article 2 of the current Constitution of the People's Republic of China stipulates that all power in the People's Republic of China belongs to the people. Our constitution does not use sovereignty, but does

The essence of "all powers" still embodies the principle that sovereignty resides in the people. 3. The development trend of the Constitution (1) The Constitution is by

"Political law" direction

The main content of the "Human Rights Law" transitional modern constitution is to adjust the allocation and exercise of state power and the relationship between powers.

Since the beginning of the 20th century, constitutions have rarely separated state institutions from human rights, but have been integrated into a single constitution.

The content and types of rights are constantly evolving, and the rights to education, social security, economic development, and the environment, which have been rarely valued in modern constitutions, have all been written into the constitution.

(2) Globalization and international regional integration have affected the constitution into the 21st century, and the trend of globalization has been rising wave after wave, globalization has posed a challenge to national sovereignty in the traditional sense, but the anti-globalization voice in the world today also has great power.

In the era of globalization, how democracy is feasible has become a question to be studied, and the dilemma of sovereignty, democracy, and the governance of the nation-state are all difficult to adjust in the constitution of the country.

(3) The provisions of the constitution on economic and cultural content are becoming more and more comprehensiveWith the importance of economic life to citizens, the constitution has more and more provisions on economic life.

The Weimar Constitution also provided for the cultural content, followed by the 1947 Italian Constitution.

The United Nations International Covenant on Economic, Social and Cultural Rights has become part of the constitutions of some countries.

(4) The continuous improvement of the constitutional implementation guarantee systemThe Constitution is different from ordinary laws, and the substantive laws of ordinary laws have corresponding procedural laws.

If the constitution is to play its role, it is necessary to improve the system for implementing guarantees. 4. Characteristics of Constitutional Norms (1) Extensiveness of the content of constitutional normsThe extensiveness of constitutional norms, also known as inclusiveness, refers to the wide range of social relations adjusted by constitutional norms, and its social relations and scope involve not only the state and social system, the state system, the political system, the state institutions and human rights, but also the political, economic, cultural, diplomatic and other aspects.

(2) The supremacy of the validity of constitutional norms: The supremacy of constitutional norms is related to the status and effectiveness of the Constitution.

Constitutional norms have the highest legal status, at the top of a country's legal system, and their supreme legal status is determined by the content of their provisions and the strict procedures for enactment and amendment.

The content of the constitutional norms is the most fundamental issue in the country. The supremacy of constitutional norms is also reflected in the effectiveness of constitutional norms, which have the highest legal effect and are the basis for judging other legal norms.

(3) The non-specific sanction of constitutional norms The sanctioning nature of constitutional norms is indirectly reflected through other legal norms, so the constitutional norms themselves have no specific sanctions, but in practice, if the constitutional norms are violated, their sanctioning nature can be indirectly expressed through other legal norms.

(4) The origin of constitutional normsThe origin of constitutional norms means that all ordinary laws of the country are rooted in the constitution and are formulated on the basis of the constitution.

(5) The politics of constitutional normsThe politics of constitutional norms is highly debated in academic circles. However, from the perspective of the emergence of the constitution and constitutionalism, the constitution is a product of democratic politics, and the content of state institutions in the constitution serves the exercise of state power, while part of the content of human rights is political rights.

Therefore, it is inevitable that it will be politically involved in the process of constitution-making and constitution-making. (6) Adaptability and Stability of Constitutional NormsThe stability of constitutional norms refers to the fact that they have fewer changes than general legal norms, can be applied over a longer period of time, and can adapt to a greater degree of social change.

5. The functions and powers of the National People's Congress (1) to amend the Constitution and supervise the implementation of the Constitution. (2) Enactment and revision of laws.

(3) Elect, decide, and dismiss important leaders of central state organs. (4) The right to make decisions on major national affairs.

(5) The right to supervise. (6) Other functions and powers that should be exercised by the National People's Congress. 3. Essay Question 1: The Value of the ConstitutionThe value of the Constitution is the usefulness and importance of the Constitution to people, which shows the positive significance of the Constitution to people, and reflects the part of its attributes that people value and cherish.

(1) The value of the Constitution lies in the constitutional order established in accordance with the Constitution, and the primary value of the Constitution is the constitutional order established by it.

The most important criterion for evaluating the goodness of a constitution, the goodness or badness of a country, and the effectiveness of a government is whether it has established and ensured good order.

Constitutional order is not only the value of the Constitution itself, but also an important evaluation criterion determined by the Constitution.

(2) The value of the constitution lies in the establishment and maintenance of a harmonious social relationship, and the constitution is established

The fundamental legal guarantee of a "harmonious society". The constitution reflects the will and demands of the people through the democratic system, mainly through regular elections, and prevents the intensification of social contradictions; the constitution prevents the excessive concentration of government power and the loss of control by establishing a mechanism for the distribution and restraint of power, and in fact it is also a kind of government self-discipline and prevention

An effective measure to "close the beep and return the people". (3) The value of the Constitution is embodied in the promotion of freedom, the protection of human rightsFreedom is an important human right, and the ultimate goal of the Constitution is to protect human rights.

On the other hand, the constitution and the constitutional system are also conducive to protecting the rights of the rulers themselves. (4) The value of the Constitution is reflected in the fact that the Constitution is the legalization of the democratic system, and the Constitution and democracy are inseparable.

so-called

"Constitutional form of government"

"Constitutional Politics"

"Constitutionalism" is another term for democratic politics based on a representative system. (5) The value of the Constitution lies in the realization of fairness and justiceThe Constitution should reflect the interests and requirements of the broadest masses of the people, reflect the will of the broadest masses of the people, and be the fundamental guarantee for maximizing social fairness and promoting social development and progress.

2. Reform and Improvement of China's Electoral System (1) To enhance the democratic consciousness of voters and increase their enthusiasm for participating in elections, it is necessary to vigorously publicize the basic knowledge of the relevant electoral law, so that voters can understand the nature, status and role of elections, and unify the minds of voters

The understanding of "being the master of the house" comes up. In addition, constantly improving China's electoral system, constantly improving the quality of people's congress deputies, and making voters feel the role of people's deputies will play an important role in enhancing voters' enthusiasm for running for election.

(2) Conditions for distinguishing between the right to vote and the right to stand for electionThe conditions stipulated in the Constitution and the Election Law of our country on the right to vote and the right to stand for election are the same, that is, to be at least 18 years old and enjoy political rights.

However, looking at the regulations on electoral systems in various countries around the world, most countries have different conditions for the right to vote and the right to be elected.

The qualifications of electees are relatively stricter than those of electors, because the responsibilities of the voters and the representatives of the representative organs are different, and the deputies should bear greater responsibilities than the voters, so the deputies should have higher requirements.

(3) Improve the procedures for determining and introducing candidates for deputies, (1) Improve the procedures for nominating and determining candidates for deputies, (2) Improve the methods for introducing candidates for deputies, and (4) Strengthen the system of supervision and recall of deputies, improve the provisions on the supervision and recall of deputies, and stipulate the conditions for the recall of deputies in the election law, so as to make them more operational in practice.

In addition, a representative shall be elected only with a majority of the votes cast at the polls, while a recall shall be valid only if it is valid with a majority of the voters cast at the polls.

(5) Remedies for Improving Citizens' Electoral RightsAt present, the voter list cases stipulated by China's laws are placed in civil litigation, which is obviously unreasonable, because the right to vote is the constitutional right of citizens, and a special electoral tribunal should be established to remedy citizens' electoral rights.