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发表日期:2011-06-15 摄影器材: 点击数: 投票数:
 Special Administrative Region Basic Law: the Constitution in particular as 
 

Key words: the Constitution, the Special Administrative Region Basic Law, the special law

I. INTRODUCTION
this paper from China Union WWW.LWLM.COM collected.
the basis of the National People's Congress, an academic has been the lack of specific discussion. This is not only a theoretical understanding on the issue,Beats By Dre Headphones, but also a special administrative region directly involved in the actual operation of the system as well as the practical operation of constitutional issues. Naturally, this also is a typical and pure

II,vibram five fingers outlet, and the Constitution of the same order

a pass that the [①], the under the Constitution Act: ) [②]. Some scholars in the Special Administrative Region for the representative organs of statutes, constitutional law,herve leger sale, under the premise of lower, more specifically, the Basic Law is defined as >
This paper argues that the representative institutions of statutes, constitutional law to lower the legal definition of the nature of the Special Administrative Region Basic Law is not appropriate.

the contents of the Special Administrative Region Basic Law, the SAR can not be determined as the representative organ of the Basic Law, the statute. Modern Constitutions and consists of three components: First, the political state of personal legal status in the system design, civil rights and civic duty is the performance of its direct and specific. The purpose of this system design is to protect the individual in the political state of autonomy. The second is the design of the system of state power, including power generation on the way national institutional arrangements (elections), and two state power vertical and horizontal dimensions of the decomposition, the elements of national power relationship between the provisions. This system is designed to achieve the legal regulation of state power [④]. Third, the Constitution itself on the design of the system, including constitutional amendments, constitutional interpretation and judicial review, etc. [⑤]. This system is designed to protect the stability of the Constitution, authority and effectiveness, and then the first two aspects of the system designed to provide protection mechanism. Special Administrative Region of the contents of the Basic Law and the Constitution shows the three aspects of correspondence. First of all, the Basic Law, Chapter Two, Second, the two on the second chapter of the Basic Law, the central government's relations with the provisions of the Special Administrative Region and Chapter VII provisions on foreign affairs, the vertical decomposition of the state power to do in order to achieve the contents of the vertical structure of state power as central and local sub- right [⑥]; Chapter IV, Executive, the method Third, the eighth chapter is the interpretation of the Basic Law provisions and modify accordingly. This indicates that the Basic Law and the Constitution in content is the same structure, rather than on specific parts of the constitution started. Be seen that the Basic Law is defined as statutory representative bodies are not appropriate.

Special Administrative Region Basic Law also determines the function of the Special Administrative Region Basic Law can not be as representative institutions of the statute. Function of the Constitution are considered: the protection of basic human functions, organizational functions of the legitimate state power, the interests of significant social and political balance, the legal system constitutes a source of law function [2] (P3-4). SAR Basic Law and the Constitution has the same function: first, the Basic Law, Chapter III identified the basic rights of residents in the Special Administrative Region, to achieve the protection of fundamental human rights functions. Secondly, the fourth chapter, Again, chapter five and six on the economic,tods shoes outlet, cultural and social affairs provides a major social benefits to achieve the political balance function; II and VII can also be considered to have this feature, is the central government and made between the SAR balance of interests. Finally, Chapter IX Supplementary Provisions and Annex III The function can not be all. For example, implementation of the Organic Law on the only The political balance of function Therefore, the presence of the Basic Law and the Constitution to achieve the same function, a clear need to look at it as the Constitution, and not merely as a representative organ of the Basic Law,herve leger skirts, Constitutional Law, as the under constitutional law.

These two laws did not use The usual meaning to the term fundamental law of the Republic of alliance doctrine. This is probably because the Scholars believe that the name of the law that its effectiveness level, nature and content of [4] (P472). National People's Congress by the Constitution 第六 third of the twelve, 第三十一条 Special Administrative Region of the design when the system will be implemented by the relevant laws referred to as This difference can not be considered insignificant, it is should be provided to determine the importance of the legal nature of the Basic Law, according to [⑧].

Macao Special Administrative Region Basic Law, specifically vested in the National People's Congress. This is the This again shows the Special Administrative Region Basic Law is clearly distinct from the National People's Congress enacted the under the Constitution Act as the as Special Administrative Region Basic Law only if the under the Constitution Act, why it is like to enjoy the dignity and honor the Constitution? ! Or, when recognized as an academic in the Basic Law of the lower constitutional law, did not with regard to the Basic Law, the actual design of the system contradict it? !

the Basic Law if the content and functionality from the substantive aspects of that same Constitution, the Basic Law should be a stage, then the name and the right to amend the Basic Law is vested in terms of directly from the form that the Basic Law and the Constitution should be the same one order. And apparently is right about the name, and modify the design and performance is determined by the Basic Law of the content and functionality.

Third, the Basic Law is the Constitution you

the contents of the Special Administrative Region, function and name of the above analysis proves the consistency of the Basic Law and the Constitution. However, ?????
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