On the Constitution of the procedural provisions
On
Constitution provisions of the procedural provisions Lvshang Min
Constitutional, Administrative Law
http://www.csscipaper.com/D411
1999 In 03
provisions into the terms and flexible program custodial terms of two categories-beam process, including general principles of the specific generation process,
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power run the program, supervision of the Constitution program, the constitutional amendment process. Constitution of the procedural provisions of the Constitution the right spirit and to achieve protection. China's 1982 constitution gives citizens substantive rights than in the past has a huge progress, but too few procedural provisions, the provisions of careless, there is a big flaw, directly affect the enforcement of the Constitution. Constitutional amendment should be added in the future, detailed procedural provisions of the Constitution, the introduction of Constitutional / procedural provisions
the procedural provisions of the Constitution according to different criteria can make a different classification. In terms of functional criteria, can be divided into a balance of state power, another transgression of the program to prevent its provisions; protection of civil rights, to prevent its violation by the Unfair Terms program; ensure implementation of the constitution to curb the phenomenon of the program unconstitutional provisions, and so on. Given this task, I will process clause of the Constitution's divided into the following categories:
flexible process clause. Process Clause is the meaning of flexibility is not very clear, according to the situation and
policy for the expansion and limit interpretation of procedural provisions. Provisions of the article itself does not produce direct legal effect, only its application to specific cases being included in order to clarify their rights and obligations. The most famous of these programs than the provisions of Article 54 amendments to the U.S. Constitution established They are not very precise meaning, its use depends on the specific skills the trial judge. This constitutional procedural provisions of the characteristics is principled, covering a wide range of changes in social and political life has a strong adaptability. U.S. Supreme Court in its history has tried several times to use Clearly, the flexibility the program relies mainly on the use of the terms of the interpretation of the Constitution of the skills.
halter-beam process clause. Halter-beam process clause refers to the procedure specified in terms of the Constitution must be implemented to the letter, and the implementation of the provisions of such rights and obligations will directly lead to the establishment or the effective realization of the power. Such as the Constitution on the additions and deletions, change the application of such procedures. As the Especially in the operation of power between state institutions and constraints the process, there should be a clear scientific restrain beam process clause. Otherwise,
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These two provisions of the constitutional process is divided into theoretical categories. Must be noted that both the flexibility in terms of beam or custodial terms, has forced the direct application of force,
mac cosmetics wholesale, as its , rather than on its applicability. In fact, provisions in the Constitution and we do not see the Theoretical basis of the above categories, from the micro perspective, let us summarize the procedural provisions of the Constitution of provisions, not difficult to find the following categories:
general principles of This is a flexibility clause, the purpose is to protect the constitutional rights of citizens and effective implementation, such as the U.S. These two principles contained in this statement and the right to be heard and the right to form the Anglo-American countries
Human Rights to protect the fundamental principles. Anglo-American countries are often able to invoke the great judges of the provisions on the protection of civil rights judgments, and rely on the rules generated by binding precedent, constitutes a system of protection of civil rights to close . United States Constitution in its original provisions, and there is no Today, we can see that if the United States lack the clause in the Constitution, the judges are bound to feel that they lost a very important weapon to safeguard the rights of citizens. In fact, the a fundamental principle of the Constitution. In fact, it is also the core of modern Western constitutionalism one. Constitutions of other countries are also on the / u>, or families to other penalties. )
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