People Oriented America’s Constitution
Professor Bernard Schwartz, a famous American jurist, once pointed out: ‘The real contribution of the United States to human progress lies not in its technical, economic or cultural achievements, but in the development of the idea that the law is a method to limit the right. ’ Thus we can easily find that constitutional society is the basis for the realization of the rule of law, and it is an important way to achieve political justice. It is also the constitutional system itself to consolidate the political foundation of American society, thus bringing long-term stability and prosperity to the American people. Therefore, we must dig the mystery of the success of constitutionalism in the United States,
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From the logical starting point of American constitutionalism, the concept of people's sovereignty is an important cornerstone of American constitutional system design. From the feudal system autocracy to the practice of democratic constitutionalism, the key lies in the ownership of national sovereignty. From the logical point of view, the criticism of individual monarchy and sovereignty in the concept of the king must be derived from the logic of sovereignty in the people, that is, people's sovereignty. The idea of the people's sovereignty advocates that the power of the government derives from the grant of the people, and the government has the power to protect the vital lives of citizens, life and freedom. We have come to the source of righteousness, and there is a basic discourse on the doctrine of sovereignty in the Aristotelian era and the Roman law. In the period of ancient Rome, there was already a basic prototype of the concept of people's sovereignty and social contract in the natural law thought represented by Cicero. At that time, the idea of sovereignty was expressed as ‘the king's will of nature is equivalent to the …show more content…
From the American Constitution, we can easily find that the most important element of American constitutionalism is the theory of people's sovereignty. The theory of people's sovereignty explains why constitutionalism is generated and what purpose is generated. In the concept of American constitutionalism, it contains the rich experience of human political practice and the inevitable common law of rule of law. The constitutional system of rights is essentially a question of whether a person has dignity. If a person thinks that man should live with dignity, then this person will certainly the ideal of this right. People - oriented, is the real ideal of