Compare the similarities and differences between the formation of the U.S. Constitution and the U.K.

Two constitutional documents:

The similarity: both are legal documents that lay the foundation for the political systems of the two countries.

Differences: New national political systems have been established.

United Kingdom: a capitalist country with a constitutional monarchy).

United States: republican capitalist state).

The King of England, the United States** were formed differently, and their position in state power (United Kingdom: hereditary;

The king's power is "unified but not governed" and has no real power. ）

United States: indirect suffrage;

**Yes, there are administrative and military powers. ）

The U.S. Constitution of 1787 provides for a horizontal separation of powers between the legislative, executive, and judicial branches, and a vertical separation of powers between the federal and state branches. The purpose of decentralization is to constrain, which is the second meaning: to constrain power with power.

It is intended to prevent abuse of power and corruption through mutual checks and balances within State power. The surest way to prevent the gradual concentration of certain powers in the same sector is to give each sector the necessary legal means and individual initiative to resist others. Ambition must be countered by ambition, and trends can only be counteracted by trends.

However, checks and balances are not an end in themselves, and the spirit of separation of powers and checks and balances lies in balance. ** The structure must allow for proper control and balance between the various departments. To enable power to effectively exercise its administrative functions for the purposes of public welfare and justice, while maintaining excellent control over power, and to achieve a balance between public power and civil rights.

The balance of the polity is the end of separation of powers and constraints. Some concepts of American constitutionalism are worth pondering deeply for those who are concerned about China's constitutionalism: First, the constitution is an endless process in which every generation participates in dialogue.

Second, the U.S. Constitution implicitly states the axiom of incompleteness, which holds that people can learn as well as make mistakes, and that the bounded rationality of individuals cannot construct a perfect and flawless system. This idea is unfamiliar to the Chinese political system that advocates the three programs and eight points (clear and clear morality, proximity to the people, stopping at perfection, sincerity, righteousness, self-cultivation, self-cultivation, and Qi family, ruling the country and leveling the world), and it also needs to be deeply understood. In addition, the Framers of the United States recognized:

A good political system cannot satisfy a single value such as freedom, equality, security, efficiency, etc., but can only be a comprehensive balance of multiple values. The wisdom of politicians and political scientists is to weigh a variety of conflicting values and seek the optimal allocation of social and political resources. Second, the framers relied on the autonomy of individuals and the autonomy of human beings.

The subject of self-government is rooted in the self-governing individual, and the theoretical assumption of the U.S. Constitution is individualistic. Its republican approach to the republican disease, that is, the problem of majority rule, is also based on trust in the capacity of human self-government. In the end, the constitution is the rules of the political game, and the rules that make the rules are more important.

An in-depth understanding of the self-generated order of American constitutionalism will help us to understand the experience, wisdom and limitations of American constitutionalism in a peaceful and neutral manner, so as to accumulate knowledge and wisdom for the construction of China's constitutionalism.

The US Constitution is relatively advanced and perfect in the world, and in particular, he has written the intellectual property law into the Constitution, and it is precisely because of his measures that he has brought unprecedented development to the development of intellectual property rights in the United States and attracted cutting-edge intellectuals and scientific and technological talents from all over the world, which has enabled the United States to have the hegemonic status of the world today.

First, the British constitution is an unwritten constitution. The British Constitution does not systematically set out the basic institutions and principles of the state in a single written document, but is separately set out by a number of constitutional documents, constitutional conventions and precedents, and these constitutional laws, constitutional practices and precedents have been promulgated in different historical periods or formed by long-term state management activities. As a result, the British Constitution is known as the "Unwritten Constitution".

This is one of the features of the British Constitution.

Second, the British constitution is a "soft" constitution. Most of the constitutions of modern countries are "programmatic" constitutions, and the formulation and revision of the constitution can only be carried out through special procedures. However, due to the diversity and dispersion of its legal sources, the British Constitution is not concentrated in a constitutional document, and there is no special procedure for the formulation and revision of constitutional laws, and its formulation and amendment are almost the same as general laws, so it is called a "flexible" constitution.

First, graduality.

Second, unwritten.

1. The U.S. Constitution is a written constitution. The United States was the first country in the world to have a written constitution, which was adopted in 1787 and came into effect in 1789. Among them, it is worth mentioning that the North American Declaration of Independence was regarded by American scholars as a symbol of the process of exploring the continuation of the United States, and it confirmed"Natural human rights"、"Popular sovereignty"principles.

The Articles of Confederation were the first constitutional documents of the United States, and these two historical documents led to the creation of a written constitution in the United States to consolidate the victory of the bourgeoisie.

2. Strong adaptability. The U.S. Constitution is the longest-running constitution in the world, lasting more than 200 years. This is because the capitalist private ownership in the United States has never changed, the political situation is relatively stable, there has been no frequent restoration and repeated struggle, and only minor revisions and minor amendments to the Constitution can be applied, and the provisions of the US Constitution have a certain degree of flexibility, and at the same time, the United States has adapted to the changed class power balance through amendments, judicial review, conventions, and other means, so as to adapt to the changes and development of the national conditions of the United States.