A brief analysis of several principles embodied in the German constitutional system and its development context

Authors

  • Zheyuan Liu
  • Ruofei Zhao

DOI:

https://doi.org/10.54691/bcpssh.v19i.1602

Keywords:

Germany, Civil law system, Constitution and Administrative Law, The basic principle

Abstract

Different economic conditions, national system, social background, humanities and other factors all influence the formation of law. Today's legal system is mainly divided into civil law system and common law system, civil law system and common law system not only in the legal system, but also the understanding of the field of public law. China's current legal system is more similar to the continental law system, so this article is set in Germany. The historical evolution of Germany in the field of public law largely reflects the legal philosophy and mechanism of the original Roman law system, and the change of its constitution and some legislative considerations reflected in the administrative law are worth further study. Especially on the constitutional interpretation of the law, theoretically China and Germany and other civil law countries are similar. This paper analyzes the formation process, development and basic principles of German constitution and administrative law system from legal and historical perspectives.

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References

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Pu Lin, Chen Yue. On the Influence and Restriction of the Constitution on Administrative Law [J]. Journal of Leshan Normal University, 2003 (7): 105.

He Lei. On the Relationship between the Constitution and Administrative Law: An Interpretation of the Relationship between the Constitution and Administrative Law from the Perspective of Normative Analysis [J]. Journal of Ezhou University, 2013(3): 20.

Ou Aimin. The dual structure of German constitutional institutional guarantee and its enlightenment to China [J]. Law Review. 2008(02).

Yu An. The principle of administration by law and its constitutional basis in Germany [J]. Law, 1998 (2).

Xie Libin. The Constitutionalization of German Law and Its Enlightenment to my country [J]. Zhejiang Social Sciences. 2010, 1.

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Published

2022-08-30

How to Cite

Liu, Z., & Zhao, R. (2022). A brief analysis of several principles embodied in the German constitutional system and its development context. BCP Social Sciences & Humanities, 19, 175-180. https://doi.org/10.54691/bcpssh.v19i.1602