宪政主义的背景（The background of Constitutionalism）.docVIP

宪政主义的背景（The background of Constitutionalism） The background of Constitutionalism Fred Schauer There is an expectation that the Americans have unique views on constitutionalism, contacted professor Perry just said, because we Americans dont like Chinese which formulated a constitution, in the past 210 years, we dont have any set of a new constitution, which point to the understanding of the constitution of the United States it is very important. But for me, the proper way to get into todays discussion is not to talk about the United States Constitution, but to discuss the basic principles of constitutionalism. If we want to discuss these basic principles of constitutionalism, the first country to talk about is not the United States, but the United Kingdom, the United Kingdom, New Zealand and Israel, these three countries. Why should we trace the basic principles of constitutionalism from the three countries? This is because in todays world, almost none of these three countries is called a separate document of the constitution. If you want to see that the United Kingdom of Great Britain, New Zealand and Israel in the three countries of the constitution, then these countries can not provide a separate constitutional document, nor a specific people can speak out the constitutional document. Still, one cannot conclude that the three countries do not have a constitution. The conclusion is wrong. In the United Kingdom, it is well known that parliamentary legislation may not be effective without the signature of her Majesty the queen. But another well-known fact is that the queen will not sign the law until she has a different opinion about the content of the law. Here, I think it is interesting, I hope you will think it is interesting in the United Kingdom of Great Britain, people all know: if the queen refused to sign a law passed by parliament, everyone, or almost everyone would think the queen is unconstitutional, even in the absence of a written constitution in Britain