Constitution establishment power

I establish a constitution, and the constitution establishment power (けんぽうせいていけんりょく British: constituent power, Buddha: pouvoir constituant German: verfassungsgebende Gewalt) points at power to authorize constitutional engines. I say the establishing the constitution right (result hopping).

History

It is the beginning of this concept to have been preached as a ground of the constitution establishment in modern people's revolution those days. It is a representative opinion that Emanuel = Joseph Shie yes wrote a book in "what is the third force?" in the case of the French Revolution. This way of thinking was to establish the foundation for the limit of the constitutional amendment in the present age.

Summary

Because it is rope をなわせるのと same thing tying up oneself to a thief that a nation has ability for constitution establishment, judging from a way of thinking of the rule of law that a constitution protects the nation from the limit of the unfair rights by the nation, contradiction follows that the state organ such as the legislature has this ability.

Therefore I convene the special establishment meeting that is different from the normal legislative body to discuss constitution plan like "the Concord answer" that a town called Concord expressed in the establishment process of the American Massachusetts constitution historically, and it is said that the constitution should be established by constitution plan entrusting it to enough discussion by the people more. A legislative power, administrative power, the judicial power is national action created by each constitution, and naturally a constitution is distinguished from the constitution establishment ability to create oneself.

Furthermore, there is a way of thinking that I cannot exercise the constitutional amendment right for the part of the root and trunk denying constitution establishment ability even if I followed the constitutional formality that I established about the constitutional amendment right because it is a right founded by ability for constitution establishment.

Allied item

• Sovereignty
• Monarch sovereignty
• National sovereignty
• Sovereignty rests with the people
• Otaka, Miyazawa debate
• Law of nature
• Common law
• Sibyl low
• Rule of law
• Legal power principle

This item is an unfinished item in conjunction with the fields of law. I demand the cooperator who corrects it, and corrects this item (P: law /PJ law).

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