2006•Fazhi yu shehui fazhanRequires access

The Validity of the Constitution in the Condition of Modern Constitutionalism

Zhendong Xu

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Abstract

As the highest law, constitution not only control the state's public power, but also transcends its traditional effective sphere and exerts its effect on all the fields of social life with the change of the state's function and the development of the modern constitutionalism conception. Since the constitution consists of particular norms with different character and in different forms, the way and the degree that each constitutional norm’s effect is fulfilled differ too. Their particular character and form should be taken into account.

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What this paper is about

As the highest law, constitution not only control the state's public power, but also transcends its traditional effective sphere and exerts its effect on all the fields of social life with the change of the state's function and the development of the modern constitutionalism conception. Since the constitution consists of particular norms with different character and in different forms, the way and the degree that each constitutional norm’s effect is fulfilled differ too. Their particular character and form should be taken into account.

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Available abstract

As the highest law, constitution not only control the state's public power, but also transcends its traditional effective sphere and exerts its effect on all the fields of social life with the change of the state's function and the development of the modern constitutionalism conception. Since the constitution consists of particular norms with different character and in different forms, the way and the degree that each constitutional norm’s effect is fulfilled differ too. Their particular character and form should be taken into account.

Key concepts: Constitutionalism, Constitution, Character (mathematics), Norm (philosophy), Law, State (computer science), Social function, Sociology

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