Feudalism is the fief of the grant of letters and between Lord and vassal occur certain feudal contract relationship based on, as the most important late British society ties, of common law occurred has very important significance. Can say, the popular method is to keep from happening at the beginning of feudalism. A large amount of litigation in common law is to adjust between Lord and vassal of the personal relationship and industrial relations. Feudalism in history slow induction and growth, the popular track is followed by feudalism induction and growth development ceaselessly, precipitation and accumulation. In this process has been self conscious in order of play a leading role. The objective will of individuals or groups in the process of the formation of popular law has not become the mainstream, this and the code of the country constitutes a completely opposite situation. Reproduce the popular method for the way of life, customs and habits of the judicial, which in other countries and regions also have a similar situation, the content that there is no any special place, but is the crux of the problem in all common law evolution history of sideways, the king to powerful crown attached to the common law, and the nobles to revolt against the monarchy also dependent on the common law, common law not just world order career said is the expression of social and political order. This is the most profound influence on the formation of constitutional government by popular law. Popular law is the balance of the interest groups in the fight and concessions for the benefit groups can not do not rely on. However common law but deeply rooted in British history and habits, the common law is occurred in the self conscious order adjacency. The rule of this kind is that the social order of self - consciousness is in a state of symbiosis. Common law is in self perceived order of external rules, it is significance for people "s approval, a natural choice in the degraded and therefore could perhaps meet the vast majority of people's legitimate expectation, in other words, its own work in majority most people the goal. This is the advantage of the habit or custom in the civilization. Popular law in the sense of its own will carry the history and habits of the British, and the beginning of this justice must also be in this order of the greatest level of respect for people, because as a member of the order, as long as the proper operation of this order in the ability to make the most of their legitimate expectations can be completed. And in this sense of complete and will enhance the respect of people of common law order of the level of the eve of the is, British people look at popular method is to look at the history, in awe, respect, and yield, no other feeling. The Constitution itself is a kind of internal rules, which can not be used as a cornerstone of the country or as a source of rule of law. But in recent years the East democracy and freedom of the dilemma is related to this. This reality is still from the origin of the human being as a perceptual machine with no less than cannot be, human beings can be in accordance with the logic of the perceptual to set up their own country, the authorities, to create their own judicial. And in the process of human history and growth of the process of gradual change, perception is just "less than" a mainstream. But the existence of internal rules is not always in a negative sense, the existence of the Constitution and the Constitution can make the external rules can be better implemented. The constitution, which is under the Constitution and the constitution, must ensure that the self - consciousness order is useful. All the constitutional government in the United Kingdom is based on popular law, and it is a good constitutional government to protect the spontaneous order. Rock power industry, the industry as a human endowment power, thus opening his political structure, that is necessary to the exercise of the main body of human progress to an emerging position, everyone is sovereign, everyone can legislate, and this is not the place, so derived from the idea of the system, people have differences between people, to achieve the same idea, which also led to the separation of the three rights is to avoid the relative rights, but the middle of the idea has not changed. The legislator is the sovereign, the legislator's will is the expression of the will of the state. However, the legislators themselves are also an organization, it is very easy to organize the rules that the internal rules as the legislation to stop the promulgation of. Second, the legislators as a body with its own characteristics, very easy in accordance with the "construction" of the mind to carry out their own goals, so as to neglect or suppress the most people's goals, the formation of legitimate expectations can not be satisfied. Furthermore, the separation of the three powers in the constitutional framework and legislators legislative rights, legislation is the place it. The legislators themselves with the sovereignty of color, is also put into the legislative responsibility off. Whether it is reality and confirmed the separation of powers in the current political structure on the boundary between the legislative and executive power is becoming more and more vague, thus cannot achieve balance mild restrict each other consequences. And this effect has led to the weakening of the judicial rights. The judicial power, as a kind of the right to judge, has its own negative conservative characteristics, and the right of the government and the legislature to shrink and squeeze the natural function of the judicial power can not be spread. As mentioned before, the judicial power is only to break 目录: |
