Wheare's Concept Of Modern Constitution

Today's world, almost all countries have the Constitution, as the effect of national authority of the law, the Constitution may be subject to contempt and ignored denily in some countries.The provisions of the constitution is one thing, but in practical running it is another thing.Different provisions of the Constitution are often different with the real operation, at the time the constitution could be useless, far from the establishment of constitutional government. But the premise of a true establishment of constitutional state is well-running and well-developed by the Ministry of the Constitution, which is against the authoritarian rule, the government has limited powers and constraints, civil rights are effectively protected. As whale discusses in the last in the book "only when democracy means freedom and equality, we can confidently expect it to give birth to constitutional government. " Constitution is from the people's belief in limited government, whale describes the modern Constitution which is original of U.S. Constitution in 1787, is the first modern sense of the Constitution. In the mid-20th century, many government's own executive power was more feared than the Constitution itself, and thus subjected to the challenge of constitutional authority. But in the UK and the U.S. is different.In the U.S.,the Constitution is the highest authority, the Constitution reflects the will of the people, by the people or the representatives of the people through a rigorous and prudent to develop and modify procedures, and its authority is rooted in the people.In the UK, Constitution is the practice after a long history of the formation,which is well-proven by the constitution, government and people respect and obey the Constitution.this is the reference and learning to other Nations.The Constitution of the research, as scholars from various countries have different historical backgrounds, cultural traditions and constitutional concepts etc ,the understandings and studys in the Constitution are also vary, even in the same country in which academics and researchers also have focused on a different understanding and study.As an important constitutional scholar and the famous British constitutional scientist, KC Whale has written "Modern Constitution", which not only has concise language but also clear views. The writter discusses about the content of the basic theory of the Constitution, constitutional change and the research value and so on in less than thousands of words. This article discusses the whale's modern constitution, reflects his constitutional concept of "modernity". Whale describes that the Constitution is designed to regulate the country's entire system of government, the core purpose of the modern constitution is to regulate the limited authority of government and the protection of freedom, although it can not foresee the future of constitutional construction, but whale do a careful analysis of the "Enemy" which may be encountered on Constitutional Construction, and this can play a good role in prevented the difficulties of the constitutional construction in nations which may be encountered.This article includes introduction, body, conclusion and thanking several parts. Introduction introduces the background which form Whale's ideas and thoughts, while shows the author's motivation and meaning which writies this article; The first part introduces the defination of Whale on the modern of constitutional content, the "modern meaning" in the modern constitution, and the classification of the modern Constitution; The second part discusses the concept of Whale 's constitutional authority, using the example described United States and the United Kingdom's the authority of the Constitution to demonstrate the authority of the Constitution, and then discusses the embodiment of authority of the Constitution in the legal, ethics and politics; the third part discusses the 's concept of constitutional change, constitutional changes and the reasons for change, including a constitutional amendment, judicial interpretation, constitutional practice which makes the Constitution more responsive to development needs of the times; The fourth part is the whale's constitutional and democratic concept,disadvantages of democracy, and constitutional regulating democracy makes democracy more responsive to needs of constitutional development, Whale have foreseed that we will encounter many problems in constitutional building in the future,this plays a preventive effect on the constitutional development, and also is an important reference to the rule of law in our country.