Normative Analysis of the Article of"This Law is Enacted on the Basis of the Constitution"in Civil Code
In the heated debates over the article of"this law is enacted on the basis of the constitution"in the Civil Code,there are obvious divergences between the doctrine of private law's autonomy and the doctrine of the constitution as a parent law,which also reveals both the civil law community and the constitutional law community steadfastly cling to the core tenets of their own legal doctrines within their distinct spheres of study.Nevertheless,while the doctrine of private law's autonomy shows one-sidedness,the doctrine of the constitution as a parent law needs to be enhanced.The legislation concerning inferior laws includes both parts of concretizing the constitution and absorbing folk rules that do not conflict with the constitution,and this is why the constitution should not be simply understood as a parent law with other laws understood as subordinate laws.Given that the legal validity of inferior laws is empowered by the constitution,inferior laws shall be subject to constitutionality.Through a normative analysis of the article in the Civil Code that states"this law is enacted on the basis of the constitution",this study concludes that the article reflects the principle of legislative power being legally defined,highlights the fundamental law status of the constitution,upholds the uniformity of the legal order,indicates that provisions of the Civil Code shall conform to constitutionality,and guarantees the implementation of the Constitution.Therefore,the inclusion of the aforementioned article in the Civil Code possesses normative significance.
constitutional statusconstitutional basisrelationship between the constitution and civil law
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