Constitutional Law Special Topics Research

Author: Han Dayuan
Publisher:
Publish Date: 2004-10-01
Features: This textbook is designed for graduate students in law, considering that graduate students have already mastered basic constitutional law knowledge, possess a certain level of constitutional thinking, and that there are already many published textbooks on constitutional law. Therefore, this textbook focuses on the explanation of principle-based and thematic issues in terms of content selection and depth of discussion, without being exhaustive. The basic writing approach of this textbook is: starting from the analysis of the relationship between the value and facts of the constitution, taking the analysis of constitutional texts, constitutional systems, and constitutional practices as the basic framework, and using comparative principles as the basic research method, it systematically explores the fundamental propositions and challenges facing modern constitutional law. The content and fields studied in this textbook are equivalent to the general part of constitutional law, proposing a basic disciplinary framework and methodology. Following this approach, the book is divided into three parts and seventeen chapters.
Part I is on the Basic Principles of Constitutional Law, which systematically analyzes and introduces the fundamental propositions in modern constitutional theory, mainly covering basic issues such as the constitutional law system, the concept of the constitution, constituent power, the power of constitutional interpretation and amendment, constitutional relations with foreign countries, and constitutional guarantees.
Part II is on Basic Human Rights Issues, which analyzes and introduces the categories of fundamental rights, types of fundamental rights, and representative cases based on the constitutional value system. The empirical research on the basic theory and practice of fundamental rights is a distinctive feature of this book.
Part III is on State Organs and Political Organizations, which analyzes and introduces the theory and practice of legislative organs, administrative organs, judicial organs, and party legal systems within the framework of modern constitutionalism, providing readers with the process and specific forms through which constitutional values are reflected in institutional systems. The writing outline of this book was jointly discussed and determined by the three authors. Since this book is a thematic study of constitutional law and is written in a co-authored form, the writing content, except for necessary adjustments in parts that are obviously inconsistent in format, basically maintains the academic style and views of each author. Due to this reason, readers may find that the three authors adopt different analytical methods or viewpoints on certain common issues when reading this book. We believe that retaining different academic viewpoints of different authors in thematic research works is beneficial for readers to understand the different backgrounds and academic information of academic propositions, leaving them with necessary space for free thinking.