Constitutional Supremacy Of The Legal Analysis

The thesis studies the important foundation of constitutionalism--the supremacy of constitution. In the first section, the general meaning and basic trait of the supremacy of constitution is discussed, including the introduction of its conception and structure.Further, by means of value, I analyze two elements which influence the supremacy of constitution, which are the power-control theory and the supremacy of human-rights. Then the thesis take Britain, the continental legal-system countries and USA for instance; compare their constitutional law, the constitution protection and their political tradition pattern of constitutional supremacy, in order to summarize their characteristics.The last section discusses the way to realize the supremacy of constitution under China's background. At first, some rethinking on our tradition is taken, as its result, we should balance the stability of constitution and satisfying the society's need during the reciprocity in vicissitudinous society. In order to achieve this goal, two points should be emphasized, one is the restriction of the Party, and the other is to construct the censor violation of the constitution as soon as possible.In the introduction of the supremacy of constitution, the constitution's phylogeny is inspected, the relationship between power-control theory, and the relationship between human rights idea and constitution is discussed. The thesis also includes some compare between representative patterns of supremacy of constitution. Any discussion and summarization in this thesis owe to the integrative means of jurisprudential way of thinking.