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The citizen - state interaction in American constitutionalism

2019-03-22 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- The citizen - state interaction in American constitutionalism,供大家参考学习,这篇论文讨论了美国宪政中公民与国家的互动。启蒙运动时期,宪政主义的理论体系得以开创,学者提出了三权分立、人权原则、有限政府原则等,进行了捍卫思想自由,建立分权制衡的民主政府的伟大实践;美国的宪政实践背后是公民与国家的互动过程,而美国宪法则为此提供了工具和价值支撑,宪法创设了公民与国家互动的良好氛围。

American constitutionalism,美国宪政,essay代写,作业代写,代写

Enlightenment, the constitutionalism theory system to start, the British Locke, Hume, montesquieu in France, the United States of Jefferson and Hamilton, paine put forward the principle of separation of powers, human rights, the principle of limited government, such as the defense of freedom of thought, the great practice of democratic government to establish the separation of powers; The constitutional practice of the United States is the process of the interaction between citizens and the state, and the constitution of the United States provides tools and value support for this, and the constitution creates a good atmosphere for the interaction between citizens and the state.

In the communist manifesto, Marx and Engels wrote: "instead of the classes and class antagonisms exist asset class in the old days, it will be such a complex, where each person's free development is the condition of all people's free development", Marx's "free association" to the modern state power and civil rights pointed out the direction of the relationship between the processing. The state respects the spirit of the constitution, respects and safeguards the rights of citizens, and embodies the interests of citizens through the ultimate protection and realization. The more profound influence is that the state creates an interaction for citizens to form democratic consciousness and ability, and forms a virtuous cycle of two-way flow of power and rights. Such a "service-oriented" state is a country that truly "serves the people" and "governs by the people". The modern state is a good transition from human society to the "association of free people", which makes citizens gradually have such qualities: namely, on the premise of respecting the free development of others, they pursue and truly realize their own comprehensive and free development.

So a modern nation, a good government, needs not only to give, to serve, but also to listen, to create opportunities for citizens to express their value judgments and value choices as well as the legal, political and social environment. Friedrich wrote in the constitutional reason of the nation that "in every government there must be something as basic as the magna carta... Of these basic things, the most fundamental is to uphold a person's right to be sure, believe and believe. But in today's world, there are few countries that can do both. Even in many large countries, citizens' rights and freedoms are guaranteed and their welfare is enriched. Although it can serve the people with one heart, it can preach and appease the people, and it seems peaceful on the surface. However, the benign interaction between the modern state and citizens is completely missing. Citizens have no place to express their values, judgments and choices. Therefore, no matter what mode or procedure is chosen for the political representative system of the democratic mechanism of most modern countries, the representative system should not only be a machine for making policies and guidelines, but also a place for full value debate, that is to say, it should be restored to the "square politics" of ancient Greece. "When you set foot on American soil, you feel like you're in the middle of a big racket." Some people say it is a show, some people say it is play, deception, but I think it is the best restoration of "square politics". Modern national political "square" type of democracy is the vitality of the modern state, is the quality of the modern national political citizen and the rationality of the modern state, "from the perspective of the national rationality of constitutionalism, the country only is such a kind of effective political entity, it is limited by the restriction of government and citizens' rights strong system of state power."

One of the most important elements of the American constitutional system is the American citizen, who is the voice of rights and democracy. As Jefferson and Madison wrote in the federalist papers, "since the people are the only legitimate source of power, the legislation by which the various branches of government are governed comes from the people... Recourse to the same primitive authority seems entirely consistent with the theory of the republic." If the legitimacy of the United States government is based on the constitution of the United States, its legitimacy is based on the largest and deepest respect for the rights of citizens. As Madison said of the powers of the federal government and the states in the federalist papers:" in every case the things shall be determined by the sentiments and permissions of their common constituents." In the United States, citizens' freedom of speech, freedom of religious belief and so on is the most important several basic rights of citizens, which in practice has been the greatest degree of implementation: American citizens to the government of a particular action, a specific measures, the behavior of the government officials and even the President criticize, opinions and positions, without fear of retaliation by the government or the law. From the protection and expansion of citizens' rights by the constitution and various amendments, to the expression of citizens' wishes or dissatisfaction on their own rights and interests and social and economic issues through various ways and channels, to the pressure on the government and the influence on the government's decision-making, the rights granted to citizens in the constitution have become a reality. The power of government is a transfer of civil rights, or even a restriction and restriction, but "the primary power, no matter where it comes from, can only belong to the people. This is inseparable from the history of the United States and the democratic culture accumulated by the European Renaissance movement spread by the British colonists. No matter from montesquieu and Locke, the originator of civil rights and decentralization, or from Marx's view of the state and civil society, or from the actual handling of the relationship between government power and civil rights in modern countries, the emphasis on civil rights is not to weaken the power of the state. On the contrary, it is precisely through the constitutional protection of citizens' political and economic rights and freedoms that a strong state based on constitutionalism should be built. In the 17th century, France, which practiced absolute monarchy, was never an opponent of Britain, which took the path of constitutional monarchy. In the late 19th century, the qing dynasty, which practiced monarchy rule, was repeatedly defeated by Japan, which established constitutional monarchy after the Meiji restoration.

The constitution is one of the important guarantees for the full respect and protection of citizens' rights and freedoms. If the declaration of independence is the spiritual guarantee of civil rights and freedoms, then the constitution of the United States establishes the legal and institutional guarantee, and then brings the two-way infiltration and effect of American constitutionalism from top to bottom and from bottom to top through the progressive mechanism of political system, political behavior, political thought and political culture.

Under the efforts of Jefferson, Madison and others, the most important text document about guaranteeing citizens' rights at that time, the bill of rights, was also incorporated into the fourteenth amendment of the constitution, making the provisions and protection of human rights become the symbolic content of the American constitution. The legal system of American constitutionalism is established by many amendments to the constitution which are formed around the issue of national and citizen interests. For example, the first amendment embodies the freedom of belief of citizens, which restricts the behavior of the state and prevents it from prohibiting the free exercise of religious activities. The fourteenth amendment, ratified in 1868, not only protected citizens from what the state did, but incorporated it into the bill of rights. In addition to the constitution of the United States made a number of elements of constitutional interpretation and provisions, the amendments have been modified and improved. For example, the tenth amendment proposed that the constitution did not grant national government, nor did it prohibit the powers that were given to the states to be reserved by the states or the people, etc.

As long as the state exists, there must be the relationship between citizens and the state. The constitution is the most authoritative interpretation of this. The constitution of the United States establishes a series of constitutional principles, including the principle of limited government and the inalienable principle of citizens' basic rights, which undoubtedly provides a strong guarantee for the interaction between the state and citizens in the American constitutional system. Constitution is not only the "great law ", but also the" small law "and" practical law ". Constitution is not only a legal tool, but also a support of value: this "value" is reflected in the game between power and rights. In order to establish a modern constitutional state and ultimately realize the comprehensive and free development of human beings, the constitution-politics system must be formed.

The constitution in constitutionalism is both a technical problem and a value problem. The division and balance of power between governments and citizens give full play to their instrumental role and value rationality in the process of safeguarding their rights. American democracy, or "constitutional democracy," is strongly supported by the constitution, which should not be too far away from us. Because it is used to limit the power of government and protect the rights of citizens. American democracy "lies in its solid and profound constitutional culture. The constitution penetrates into every aspect of the political life of the state and citizens. Therefore, to establish a modern constitutional state, we must highlight the effectiveness of the constitution and the value of reason, not let it become a mere paper, a mere text, to make it an effective and rational operation of the government and "the people", "by the people", "for the people" tool and value support.

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