英国宪政的自由精神-英国硕士论文代写－r51due

英国essay论文精选范文：“英国宪政的自由精神”，这篇论文讨论了英国宪政的自由精神。所谓宪政，简而言之，即是有限政府。宪政的核心内容就是限制与约束国家权力，确立与保护公民权利与自由。正是在对于国家权力的制约之中，公民权利获得保障，政治自由得以实现。宪政制度与自由精神的相互作用，社会史与思想史的互动使英国在经历传统与变革的巨大冲突之后，以渐进演化的方式成功地从中世纪政制转变到近代的君主立宪制度，创造了富有英国经验主义特色的英国宪政模式。

After centuries of gradual growth, in the fifteenth and sixteenth century, the Renaissance, the Reformation, the geographical discovery, the commercial revolution and other new events and the new spirit of the British people in the Middle Ages and the nobility of the royal confrontation, Under the nourishment, gradually deep roots, and finally the seventeenth century British revolution and out of the constitutional flower, bear the fruit of freedom. The thought and system of constitutional government proclaimed the reform of human political system style, enlightening the new era of human political civilization. After three centuries, especially after the catastrophe of totalitarian politics in the twentieth century, constitutionalism, as the pattern of modern political life, has gradually become the consensus of mankind.

The main constitutional system and concept originated in the United Kingdom. The constitutional system of the parliamentary system, the responsibility cabinet system, the political party system and the civil service system are first produced in the United Kingdom. The principles of property rights, human rights, separation of powers, limited government and rule of law are all derived from the British constitutional experience. In the course of the constitutional process, the United Kingdom nurtured and developed the constitutional system and the spirit of freedom. The interaction between constitutionalism and free spirit, and the interaction between social history and intellectual history made the British, after experiencing the great conflict of tradition and change, succeeded in changing from medieval political system to modern constitutional monarchy system in a gradual and evolutionary way, Revolutionary social revolution, took the lead in the modern society, and created a rich British empiricism characteristics of the British constitutional model.

The so-called constitutional government, in short, is a limited government. The core content of constitutional government is to restrict and constrain the state power, to establish and protect civil rights and freedoms. It is in the constraints of state power, civil rights are guaranteed, political freedom can be realized, and the boundary between public space and private space can be established. For the vigilance and prevention of power rooted in the value of freedom for the treasure, so the rights and freedoms above and before the power.

British constitutionalism is the path of natural evolution and gradual reform. Britain from the traditional society into the modern society, from monarchy to modern politics, the road to constitutional government in the social forces of conflict and harmony in the dynamic balance, through continuous gradual and stable social reform and achieve. From the medieval "Great Charter of Liberty" in the Middle Ages, the tradition of British freedom was created because of the confrontation and conflict between aristocracy and royal power. Such a tradition, with the development of modern capitalism, the rise of the middle class, The king and the middle class, the opposition of the Parliament, the seventeenth century British Revolution to the glorious revolution to achieve the success of monarchy and constitutional reconciliation, the traditional political form and the combination of modern political spirit, the glorious revolution became the last revolution in British history, it Laying the foundation for a British-style progressive road. The development of the eighteenth-century industrial revolution, the working class gradually grow into independent and complete political forces and industrial groups formed two opposing social forces, democratization of the nineteenth century the theme of political change. In the trend of social change, the politicians of the situation, the first parliamentary reforms in 1832 to make the process of democratization in Britain adopted a gradual approach to reform, to avoid the French revolutionary price. The British constitutional reform in the twentieth century was also devoted to piecemeal social engineering, while the repudiation of the conflict between Fabian socialism and liberal capitalism, which rejected the utopian social engineering in Europe, was the establishment of a "welfare state" "After two world wars, Britain avoided the painful cost of totalitarianism such as fascism.

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The interaction between institution and spirit exists in the constitutional history of Britain. The parliamentary system in the confrontation between royal power and aristocracy, and the piousness and holiness of the Puritans evolved out of the "Spontaneous order" of English society, which was the result of the fact that the law of the market economy, customary law and equitable law, ". A self-generated order or extended order is Hayek's central concept of thought. The spontaneous order is the complex structure that human group grows, it is between instinct and reason, make human civilization possible. This order is not a result of human design or intent, but naturally occurring: it is inadvertently abide by certain traditions, mainly produced in morality, is the result of human behavior, but not the result of human design . In the course of the growth of the British society, the constitutional system gradually established, and the spirit of freedom gradually grew stronger. Unconstitutional and constitutional constitutionalism and the constitutional spirit of advocating experience complement each other and go hand in hand.

Britain is in the confrontation of freedom, power and power, the natural growth, the evolution of a series of constitutional system. Such as the parliament began in the highest feudal court presided over by the king, in the medieval confrontation between royal and aristocratic rights in Parliament began, and the British tradition of traditional law and promote the growth of parliamentary power, the seventeenth Century Puritan revolution, The middle class and Stuart dynasty struggle political center, parliamentary system formally formed, nineteenth century parliamentary reform, the parliamentary system conform to the trend of democratization, timely change. Conservative and innovative. Respect for traditional and timely change of unity, making the British constitutional system in an evolutionary and gradual way to adapt to the changes in the trend and the trend of the growth and decline. British constitutional system embodies the British are good at Shoucheng, but also longer than the political wisdom of contingency.

The parliament, according to Jennings, "is not a very playful place, but it occupies an important place in the very center of the constitutional structure." It has this status because the distant traditions of the Parliament . Parliament and the king had to fight and deposed them, had organized an army to destroy a king. In many centuries the tide and the trend of change in the transition, the Council adapt to change, conform to the trend of the times, continuous improvement and transformation of their own. The parliamentary system is the cornerstone of the constitutional system.

English Parliament The term parliament, derived from the French Parler (originally intended for conversation), its Latin form is Parliamentum (meaning the talks). The British parliament originated from the highest feudal court presided over by the king, starting at the imperial conference and the enlarged conference. The beginning of the British Parliament is generally believed that began in 1263, the King Henry III disregard of the Magna Carta, to replace 15 with a veto power conference. In the clash between the king and the aristocracy, the aristocratic opposition headed by S. de Montfort won the civil war. 1265 in Westminster Palace convened a meeting attended by monks and nobles and each county two knights on behalf of each big town two representatives of the public, known as \ 1295, Edward I called for the mobilization of parliamentary war. Known as "model parliament". The medieval parliament in the conflict between the king and the nobility of the growing restrictions on the important role of royal power for the British constitutional law than the king played an important role in the formation of the belief.

The British Parliament consists of the King, the House of Lords and the House of Commons. In the past, there are now three chambers: the House of the King and the House of Lords, the nobility of the Privy Council, the nobles and the chief figures of the Church, and the House of Representatives of the people. In the Tudor period, although the law can be released by the king himself, but the feudal royal family has little such action, the main political changes are affected by parliamentary action. The medieval parliament became the center of the rebellion against the king in the English revolution of the seventeenth century. After the glorious revolution, parliamentary sovereignty began to really establish. Parliament played an important role in the parliamentary reform of the nineteenth century. The main functions and powers of the Parliament are two: the legislative and supervisory authority.

After the Glorious Revolution of 1688, William Third chose members of the Privy Council or members of the parliamentary group as state officials. Starting from the Whig and Tory parties to choose the two parties, due to difficult to implement, change from the House of Commons majority party selection. During the period of Queen Anne, the Privy Council or the well-known Cabinet became a unique institution for policy making, often sitting alone in the absence of the Queen. Since then, the two Georgian kings were politically incompetent, and the Whig Party leader, R. Popper, as the leader of the House of Commons and Cabinet, became the real head of government - the "Chief Minister". He defined the principle that "the Cabinet must act as a whole".

The British system of evolution in the course of the natural birth of the concept of freedom and the spirit. Freedom is a state, in which the coercion imposed by some on others is reduced to the minimum possible limit in society. "3" Freedom means that there is always a person The possibility of acting in accordance with its own decisions and plans... Is the arbitrary will of being independent of others. "4 The concept of freedom is a negative concept," the greatest political good - peace, freedom and Justice, in essence, is negative, is to avoid injury protection measures, rather than a real gift.

"The truth is that the whole system is a free system, filled with the belief that it is the product of constitutional development for centuries and that it is ultimately dependent on the will of the people to seek freedom, Not only contains the necessary laws to make it freely available, but also runs through customs and customs. The individualistic tradition of Greek and Roman culture and the affirmation of individual value by Christianity are the ideological fountains of the constitutional spirit of freedom in the United Kingdom, and the natural human rights, social contract and the concept of Christian human and divine, ruler and The idea of the reciprocal coexistence of the ruler and the ruler directly revealed the liberal principles of the British revolution. The concept of freedom and the spirit of the British political consciousness and the development of the concept of civic maturity is significant. "The spirit of freedom ... often seems to have been tempered in the form of a daunting, stern way before the sainted ancestors, and the idea of the descendants of liberty, in a habitual, The dignity of which has inspired us .... Our freedom is noble liberty, with a grandeur, a genealogy and illustrious ancestor, with its pillars and its emblems. Its portrait gallery, its memorial inscriptions, its records, material evidence, and honors. "From the Magna Carta to the Declaration of Rights, the consistent policy of our Constitution is that, in demanding and asserting our freedoms, The heritage left to us by our ancestors and passed on to our descendants... The constitution of our country maintains uniformity among the very significant differences between the parts. ... this policy ... is the result of deliberate thought - and, more precisely, the fortune of nature, which is the source of wisdom without thought and above thought. "

In the unique constitutional model of England, there is the interaction between social history and ideological history, constitutionalism and free spirit. Britain's constitutional system, such as the parliamentary system, the cabinet system of responsibility, the political party system, are relatively quiet, stable political and social life in the bud, evolution, natural growth, "is the result of natural happiness ---- natural The ideology of the British system of protection of property rights, the conflict between the parliament and the king, the concept of freedom and the ideology of "the law is king" (Lex, Rex) formed the evolution of the British system Which is crucial to the formation of the spontaneous order of British constitutionalism. It is through the political parliamentary power in the struggle of the growing conflict, the law of customary law and equity The evolution of the economy, the growing interaction between industry and trade and its factors, the United Kingdom can be in the medieval freedom of the Constitution to establish constitutional basis, to create a liberal tradition after a few hundred years, the prototype of the constitutional system, such as parliamentary system , The cabinet system and so on unceasingly grows, the evolution, such a kind of spontaneous order in the seventeenth century the Puritan revolution after repeated conflicts, struggle, finally realized the traditional monarchy and the modern constitutional spirit successful combination, better solves the tradition and the modern relationship.

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