Essentials of Constitutional Law

Author: Yin Xiaohu
Publisher:
Publish Date: 2005-07-01
Features: The research object, in essence, is the question of "what" to study. In this sense, constitutional law is a legal science with "the constitution" as its research object. We know that a certain legal science always takes the specific social relationships it regulates as its main research object, and constitutional law is no exception. Through the analysis and study of the basic theories and fundamental content of the constitution, such as its concept, nature, principles, and functions, it reveals the content, basic characteristics of the social relationships regulated by the constitution, as well as the development patterns of the constitution itself and its relationship with the various elements of social development.
The research object, in essence, is the question of "what" to study. In this sense, constitutional law is a legal science with "the constitution" as its research object. We know that a certain legal science always takes the specific social relationships it regulates as its main research object, and constitutional law is no exception. Through the analysis and study of the basic theories and fundamental content of the constitution, such as its concept, nature, principles, and functions, it reveals the content, basic characteristics of the social relationships regulated by the constitution, as well as the development patterns of the constitution itself and its relationship with the various elements of social development.
Regarding the scope of the research object of constitutional law, there are different views in the constitutional law field. We believe that the research object of constitutional law is closely related to the social relationships regulated by constitutional norms. Law is the regulator of certain social relationships, and the purpose of the ruling class in formulating law is to regulate various social relationships through law. The adjustment of social relationships by law is achieved by stipulating the rights and obligations of people in certain relationships. For example, administrative law stipulates the relationships among various administrative organs in the process of exercising power and the rights (powers) and obligations between them and citizens; civil law stipulates the personal, property, and related rights and obligations between equal subjects, etc. The constitution is no exception; it also regulates certain social relationships, but unlike other ordinary laws, the social relationships it regulates are the most important and fundamental relationships among the various social relationships regulated by law, namely the relationship between state power and citizens' rights. This includes the rights (powers) and obligations formed between the state and citizens during the exercise of power, as well as the rights (powers) and obligations that arise between state organs in the process of fulfilling national functions, etc.