People generally hold Constitution as a substantive law, but this article comes out with its viewpoint regarding Constitution as a procedural law. And based on this it develops a theoretical mode of "Procedural Constitution", and studies the historical development and internal structure of Procedural Constitution and its significance to the construction of Constitution in our country.
The constitutional procedural law generally includes the election procedure,the organization procedure,the internal working procedure of the national organizations and conference rules.
Therefore, to reform and complete the local legislative procedures in China has become a major task at the present situation and only if there is a regular and scientific system? in the local legislative procedures, there will be a complete system in China.
Because of the person's limited ability and complicated social limit, as the law develops today, the perfect substantive law has become the myth, and it is inevitable that many problems need to be handled depending on the procedure.
Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc.
Subjects who received judges' instructions performed significantly better than uninstructed subjects on questions about the procedural law, but no better on questions about the substantive (criminal) law.
The legal norm of the constitutonality has two categories substantiveness and procedurality.Of the two subdivisions the constitutional procedural law is particularly important for the administration of the country by law nowadays.It is of great significance to strengthen the consciousness and construction of this law.The constitutional procedural law generally includes the election procedure,the organization procedure,the internal working procedure of the national organizations and conference rules.
Procedural rights mean that the civil rights in certain legal procedures in order to check the powers of government agencies and to safeguard the realization of the substantive rights of the civil citizens.The theoretical basis for proposing such a concept in the theory of the operation of civil rights and the principle of due Legul process.Procedural rights can be classified in various standards.The proposing of procedural rights deepens and develops the theory of rights;The classification of substantive r...
From the legislative motives of emergency law in all countries, from its relationship with international law of human rights and by observing the internal value and characteristics that it should possess, such conclusions can be made that emergency law should be placed on the position of "quasi constitution"in its legal system, and it has both features of concrete and procedure laws, meanwhile, its content should be characterized by principles.