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A Jurisprudential Analysis of Value and Function of the Constitution

Zhu Fu-hui

Open publisher page 1 citations

Abstract

The value of the constitution is what people expect to obtain when the constitution is created; what the constitution pursues in its value is to realize its positive effect in democracy, equality and guaranty of the human rights rather than the exclusive value itself. The function of a constitution involves the distribution of political power, normalization of the state power, prevention of social violence and readjustment of the relationship between different interest groups.

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What this paper is about

The value of the constitution is what people expect to obtain when the constitution is created; what the constitution pursues in its value is to realize its positive effect in democracy, equality and guaranty of the human rights rather than the exclusive value itself. The function of a constitution involves the distribution of political power, normalization of the state power, prevention of social violence and readjustment of the relationship between different interest groups.

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Available abstract

The value of the constitution is what people expect to obtain when the constitution is created; what the constitution pursues in its value is to realize its positive effect in democracy, equality and guaranty of the human rights rather than the exclusive value itself. The function of a constitution involves the distribution of political power, normalization of the state power, prevention of social violence and readjustment of the relationship between different interest groups.

Key concepts: Constitution, Normalization (sociology), Value (mathematics), Democracy, Law, Politics, Surety, Power (physics)

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