The Constitutional Theory of Wang Chong-hui
Author(s): ZHANG Qian, JIANG Guo-hua, Law School, Wuhan University
Pages: 35-42
Year: 2016 Issue: 11
Journal: Hebei Law Science
Keyword: WANG Chong-hui; republic state; a government system of house; judicial independence; the five-power constitution;
Abstract: As a famous constitutional scholar in Republican China,Wang Chong-hui had a significant impact on the development of constitutional theory and practice at that time and later. For the Provisional Constitution of the Republic of China varies according to different people and time,he believed that the constitution,which is the foundation of the state,should be emphasized in terms of authority and stability.On the issue of nationality,he advocated a sovereign of the people republic of China; For the form of the constitution,he preferd to rigid constitution; For the relationship between central and local authorities,he thought the provincial system was better,but the provincial authority should prescribe by the constitution; For the legislative power,he thought a non-sovereign bicameral congress was better,and the power should rationally divided by the constitution authority; For administrative power,he advocated a government system of house,the government should be responsible to the house; For jurisdiction,he thought the law reservation principle was the institutional guarantee of judicial independence, and the constitution interpretation should be enjoyed by the court constitutional interpretation. As a recognized five-power constitution authority,he applies the method of view of system theory illustrates the five-power constitution. what ’s more,he stressed that no civil right,no constitutionalism.
Pages: 35-42
Year: 2016 Issue: 11
Journal: Hebei Law Science
Keyword: WANG Chong-hui; republic state; a government system of house; judicial independence; the five-power constitution;
Abstract: As a famous constitutional scholar in Republican China,Wang Chong-hui had a significant impact on the development of constitutional theory and practice at that time and later. For the Provisional Constitution of the Republic of China varies according to different people and time,he believed that the constitution,which is the foundation of the state,should be emphasized in terms of authority and stability.On the issue of nationality,he advocated a sovereign of the people republic of China; For the form of the constitution,he preferd to rigid constitution; For the relationship between central and local authorities,he thought the provincial system was better,but the provincial authority should prescribe by the constitution; For the legislative power,he thought a non-sovereign bicameral congress was better,and the power should rationally divided by the constitution authority; For administrative power,he advocated a government system of house,the government should be responsible to the house; For jurisdiction,he thought the law reservation principle was the institutional guarantee of judicial independence, and the constitution interpretation should be enjoyed by the court constitutional interpretation. As a recognized five-power constitution authority,he applies the method of view of system theory illustrates the five-power constitution. what ’s more,he stressed that no civil right,no constitutionalism.
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