Three-dimension Analysis On Constitutional Procedure

Constitutional procedure has the key effect in putting the Constitution into effection and in realizing people's constitutional right. As an important legal conception, it must occupy a basic place in constitutional theory studying. However, our country's theory about constitutional procedure is still very weak. For this reason, the article considers that it is essential to go deep into the constitutional procedure. Then the article analyzes its rationality and inherent nature which make it accepted by human from three dimensions which are truth, good and beauty.Chapter one introduces the connection between constitutional procedure and three dimensions. In order to make people understand this conception properly, the article defines the conception of constitutional procedure and put it into three parts which are Constitution-making procedure, Constitution-enforcing procedure and Constitution-protecting procedure. On this basis the article intends to set off on the surface of'it should be', then analyzes constitutional procedure on the truth, good and beauty three-dimension angles. The truth of constitutional procedure means that constitutional procedure fits to certain rules. The good of constitutional procedure means it fits to rational purpose. The beauty of constitutional procedure means it is in harmony. Among three dimensions there is close relationship. Truth is the objective basis of good and beauty. Good is the subjective hypothesis of truth and beauty. Beauty is the mixture and transcendency of truth and good.Chapter two uses the method of positivism analysis to demonstrate constitutional procedure's truth, good and beauty. The origination and development of constitutional procedure fit to the development regulars of Constitution and legal process, and it has independent character. So it has certain rules. Constitutional procedure protects people's basic right, maintains people's dignity and happiness, and it helps people develop freely. So it has rational purpose. Constitutional procedure has exterior form beauty and internal virtue beauty. It is also the mixture and transcending of truth and good. So it is in harmony.Chapter three aims to analyze the deficiency and defect of our country's constitutional procedure on each dimension, and then concludes the causes of such phenomenon. On the basis of erecting the new idea of procedural Constitution, the article has brought out some ideas to perfect our country's Constitution-making procedure, Constitution-enforcing procedure and Constitution-protecting procedure.