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On the constitutional powers


Keywords: constitutional rights of public power

A public power by the emergence of the historical inevitability of this paper, Union [link widoczny dla zalogowanych] China paper collected. Of material production is the most basic human practice, to meet human survival needs in production activities, not only to establish the link between man and nature, but also established a relationship between people. People are not purely natural objects, people always practiced and realistic, that the community people. \qualities and characteristics of the object into this relationship with others. This \\. ④ adjusted by the customs of the social relations, the \, property concepts, the right to possession of consciousness and the subject began to appear. ⑤ old custom has been unable to meet the needs of the development of social relations, social rules must go through a rational process. \with a stake in a planned way for hearts to obey convention to replace the custom. \He did not want to be a get and did not foresee the effect,[link widoczny dla zalogowanych], so there is the risk of damaging their own interests. \rules, rights,[link widoczny dla zalogowanych], conflicts began to appear, stagnation or \order of human relationships \, first consider the general obligation to perform, otherwise, would have been detrimental to the reality of consequences. This rule is law. \experience as reflected in the customs of older stuff inside just to fulfill a legal process. \detached position, while the rights and obligations shall be sufficient to maintain the social authority. because \\With the legal production, output is bound to maintain law duties organs - the public power, the state. \\. in the right - the interests of behavior program, the exercise of performance rights for one person to another person's external relations practice, which followed an internal self-restraint on the way to regulate individual behavior. This rule can be expressed as \'externally to act this way: the free exercise of your will, according to a general rule, can and all the other people's freedom co-exist. 'This is undoubtedly the responsibility imposed on one of my rules; but only in respect of this liability is concerned, it does not expect me to, but not the command I should use these conditions to restrict my freedom. \divided into public and private law rules; natural justice has been replaced by distributive justice. When rights conflict, \\\collection, but many people and interests based on the same method of combining the common and aggregates. \\\\is established by experience and reason the individual rights of areas of potential conflict. Since the nature of public power is a means of protecting individual rights to achieve, so that public power is only a concomitant of individual rights. \legitimacy comes from the right. \principles to judge, who take care of the various regimes for the public interest is legitimate or authentic form of government; and those who only take care of the interests of the rulers of the regime or the regime is wrong metamorphosis authentic form of government (off). \\for personal interests. \These relations are purely personal. Then generated based on territory and political organization on the property. \the interests of the conflict, and adjust the individual objects for the management of relations can not be adjusted, the community has produced a country. \In the class contradictions can not be reconciled to achieve the objective place, the time and extent, they have a country. \\concerned about the rights and interests of others. \\Should not only limits the powers of officials to provide for, and respond to the extent provided for civil obedience. \ Second, the public power into the Constitution, power is an important symbol of political civilization, the realization of individual rights is the only source of legitimacy of public power. Public power and the relationship between the rights of only the value of a dollar on and should not be binary. \However, from the Real logic, but between the rights of public power and there is a structural separation. Public power will appear in the course of heterogeneity with the right opposition. Purpose of public power to obey the logic paradigm of democracy, the establishment of the commission and construction of monitoring - is oversight structure, the core of the value of the free exercise of individual rights, relying on the basis of personal autonomy. ⑨ The effectiveness of public power to pursue the logic of the management paradigm, the establishment of the rule of relations is the management structure - is the management structure, following the order - subject to the system. Relying on a public authority. If \⑩ democratic paradigm and the management of the operating mechanism of the different paradigm, even in the absence of public power, the alienation of the inner case also there is a structural tension. \coordination problems faced by the political sphere is the most basic problems. 12 \requirements. However, the boundaries of individual rights defined by public authority, rather than defined by the rights of its own, which makes use of public authority as defined by the individual rights to monitor the effectiveness of a lack of public power. To monitor the human rights of public power exists only a priori justification, rather than the effectiveness of existing reality. Despite the existence of human rights is the premise of public power and the end result, 14 However, human rights can not rely on their own power of reason to make public the power to achieve their own purposes. On the other hand,[link widoczny dla zalogowanych], in order to ensure the Purpose of public power and the institutionalization of individual rights the way there are new limitations. \The limitations of representative government is that if the representative is a short term, you can always be replaced, then the representative of the expertise and political knowledge not restricted to public bureaucracy as a career because \dominant position, his authority is generally unbreakable, \of order only by the slow and formal disciplinary proceedings disposal. \\\Under different conditions, each person may become a \So, with the \19 On the other hand, representative on behalf of itself does not guarantee non-alienation of their representation. \\people's wealth, with high pressure to force people to obey the state's custody are likely to become a tyrant. \\minimized. \\Designated person in the implementation of this function, to form a new division of labor within the community sector. In this way, they won and also the person authorized to give them the special interests opposed to \further deepened the political and democratic bureaucracy profound contradictions between the 27 Chinese political culture, \weakened the moral condemnation of such acts and the binding force of democracy. \\\dominance of individuals bound by a variety of ways to squeeze into the bureaucracy to maintain and expand their own economic interests, national institutions is constantly expanding into the development of increasingly become a burden. \exist. \\national cause more damage, because they not only indulge in corruption, but also its diffusion in the country. \\they pursue their own vested interests and enjoyment of rights to seek a \, for the economy first \\individual rights recognized by the constitution and authority, so that everyone not only to prevent the alienation of the awareness and ability to officials, but also to facilitate the effective demand approach; but also the democratization of political life must be made into law, will be incorporated into the behavior of officials in the orbit of the rule of law More importantly, officials must be cut off direct contact with the economy, the officials in the exercise of power into the constitutional power to remove officials from the fundamental interests and the implementation of the surplus for the opportunity to act. how to eliminate the public power and individual rights The opposing tendencies, it carried out all kinds of political design and various political experiments. First, individual rights and political activity refuge, established in the rights of individual rights - the core of the power structure in order to eliminate the alienation of public power characteristics. political liberalism and human rights concepts concentrated expression of this ideal. According to the basic concept of this ideal, individual rights is a growing area and has excluded the public power, and their way in the running to be free and autonomous , and the way public power is that he is running and the rule of law. the right to democratic rule is the most critical process of a building material. \\\the right to exercise the privileges of the government to impose constraints. \the effective exercise of public power distribution is unequal, unequal allocation of political power is a necessary condition for the exercise of public power. Although the exercise of public power officials are only a few, but in obtaining the allocation of public power, represents the political community group in the \\Therefore, no country is free, not people. \\a highly organized machine. acts of public power through their organizations to achieve their vested interests and rule out any of all the opposing forces. rulers through the organization with \\can easily suppress the masses of their acts or threatened acts of the Community. \Because a specific act against the public authority, the individual costs paid by the private exercise of public authority who is to pay a social cost. even under the conditions of judicial independence, individuals may still be at great risk to pay the cost. in the fight against abstract behavior of public power, the individual will not only pay the economic costs, but they may also pay the cost of deprivation of liberty, and even if successful, to pay the cost of the individual, while the benefit is all marked with the abstract behavior. In this regard, the exercise of individuals more difficult to generate power right to appeal. \imprisonment, or both the cost, the individual is willing to refuse to comply with common law. \based on the proposed separation of powers doctrine, Montesquieu after the completion of practice in the United States. The reason why people put forward to restrict the power of the political views of power, is based on people suspected of human nature, one can not absolutely hope of humanity good. \\If the rule is an angel who do not need any foreign government or internal control. \Ambition ambition must be to fight. \discrete, free does not exist. \\the balance of power between, once this balance was broken in the political practice, will inevitably undermine the effectiveness of its constraints. Wilson said: \\\An obvious cost of decentralization is the lack of efficiency. \\will be the political \Means there is no ideological principles of the political parties against each other, become the pure pursuit of those organizations,[link widoczny dla zalogowanych], their specific competition for votes is always based on the opportunity to transform their program. \exercised by the officials: \\\\and then the government itself. There is no doubt relying on the people is the Government's main control; but experience teaches that there must be complementary preventive measures. \to problems of sex. \\\which constitutes a rational constraints on public power means to overcome the limitations of other constraints,[link widoczny dla zalogowanych], \\his rule, as its constitution formulated by outsiders, but by the nature of members of the group to develop its charter (and no matter how it is carried out.) \do their numbers, variety, and perhaps even among individuals against each other, there is a wisdom of the order. \\\\\ More articles related to topics：


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