编辑:
2013-12-04
Constitutions, whether written or unwritten, typically function as an evolving body of legal custom and opinion. Their evolution generally involves changes in judicial interpretation or in themselves, the latter usually through a process called amendment. Amendment of a constitution is usually designed to be a difficult process in order to give the constitution greater stability. On the other hand, if a constitution is extremely difficult to amend, it may be too inflexible to survive over time.
The ongoing evolutionary nature of constitutions explains why Great Britain may be described as having a constitution even though it does not have a single written document designated as such. England's constitution instead inheres in a body of legal custom and tradition that regulates the relationship between the monarchy, the legislature (Parliament), the judicial system, and common law. Though Great Britain's constitution is in a sense unwritten because it does not originate in a single document, many written laws have been instrumental in its creation, and England in fact has one of the oldest traditions of constitutionalism.
In a truly constitutional form of government, government officials are subject to constitutional rules and provisions and may not violate them without punishment. Such constitutional governments are also called limited governments because the constitution restricts the scope of their power over the people. However, many governments with constitutions do not practice true constitutionalism. The former Soviet Union, for example, created the Stalin constitution in 1936, but that document did not establish a truly constitutional form of government. Joseph Stalin, the leader of the Soviet Union from 1924 to 1953, could not be formally penalized or called to account for his actions, no matter how heinous, before any other government official, any court, or the people themselves. The Soviet Constitution also claimed to guarantee freedom of speech, press, and assembly, but in practice the Soviet government continually repressed those who sought to express those freedoms. Constitutions such as that of the former Soviet Union are called nominal constitutions, whereas those that function more truly as prescriptive documents, such as the Constitution of the United States, are called normative constitutions.
标签:法律英语论文
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