2004Journal of Yantai UniversityRequires access

On the Character of the Power of Making-Up-A-Constitution

Qin Ao-lei

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Abstract

The character of the power of making-up-a-constitution is the base of the theory of the power of making-up-a-constitution, and the key to clarifing all kinds of conflicts and doubts today. In content, it concludes the following five aspects. The power is fontal, compared with the powers that are created by a constitution. It is a kind of judgement, which can decide the legal effect of a constitution formally and the justice of a constitution virtually. It is a kind of political power, because it forms in the society and does not engage itself in any existing law. It is an integrated power, because it can not be divided、consigned or transferred. It has an ingenerated authority which forms in the history voluntarily and can create a constitution which has an upmost legal effect.

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What this paper is about

The character of the power of making-up-a-constitution is the base of the theory of the power of making-up-a-constitution, and the key to clarifing all kinds of conflicts and doubts today. In content, it concludes the following five aspects. The power is fontal, compared with the powers that are created by a constitution. It is a kind of judgement, which can decide the legal effect of a constitution formally and the justice of a constitution virtually. It is a kind of political power, because it forms in the society and does not engage itself in any existing law. It is an integrated power, because it can not be divided、consigned or transferred. It has an ingenerated authority which forms in the history voluntarily and can create a constitution which has an upmost legal effect.

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Available abstract

The character of the power of making-up-a-constitution is the base of the theory of the power of making-up-a-constitution, and the key to clarifing all kinds of conflicts and doubts today. In content, it concludes the following five aspects. The power is fontal, compared with the powers that are created by a constitution. It is a kind of judgement, which can decide the legal effect of a constitution formally and the justice of a constitution virtually. It is a kind of political power, because it forms in the society and does not engage itself in any existing law. It is an integrated power, because it can not be divided、consigned or transferred. It has an ingenerated authority which forms in the history voluntarily and can create a constitution which has an upmost legal effect.

Key concepts: Constitution, Character (mathematics), Power (physics), Law, Politics, Economic Justice, Political science, Judgement

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