What do you mean by the popular origin of the constitution? How to understand Yuanyuan here!

The origin of the constitution is the manifestation of the constitution. Influenced by their own historical and cultural traditions, legal traditions, the relationship between political forces and political needs, all countries have adopted constitutional forms suitable for their own countries. To sum up, the Constitution mainly comes from the following sources:

(1) written constitution

The main manifestation of the constitution is the constitutional code. The vast majority of countries have written constitutions, which stipulate the basic system, basic tasks, basic systems and basic principles of the country in the form of codes. The earliest country in the world to formulate a constitutional code is the United States. This constitution stipulates the basic system of the United States, the legislative, administrative and judicial organs established according to the principle of separation of powers, the separation of powers between the federal and state, and other basic systems. Subsequently, 179 1 year, France adopted the Constitution of the French Republic by the Constituent Assembly, which was the first constitutional code in continental Europe. The advantages of stipulating the fundamental system and principles of the country in the form of a code are that the content of the constitution is clear and specific, which is easy to implement, and at the same time, strict revision procedures are generally stipulated, which is conducive to ensuring the stability of the constitution; Its disadvantage is that due to the strict and complicated procedure of amending the constitution, the ability of constitutional norms to adapt to the actual changes in society is not very strong. In order to make the content of the constitution adapt to the actual changes of society in time without causing frequent changes in the constitution, the form of amending the constitution by amendment has appeared accordingly. Constitutional amendment means that the constitutional amendment organ does not directly change the content of the constitution, but arranges the content of constitutional amendment after the constitutional code in chronological order, and replaces the bill with the newly revised content according to the principle of "the latter law is superior to the former law". 1790, the United States passed 10 constitutional amendments (that is, the bill of rights). So far, the United States has passed 27 constitutional amendments. Since 1988, China has also amended the constitution by means of amendment, which is one of the components of the constitutional code. (2) Constitutional law

Constitution is a kind of legal classification in the sense of departmental law according to the content stipulated by law and the adjusted social relations. Constitution has two different meanings: first, it refers to the law that the most fundamental and important issue of the country is not in the form of a constitutional code, but is stipulated by several single legal documents. Influenced by their own historical and cultural traditions and the contrast of class power, these countries have formulated a series of laws on the contents of constitutions in different historical periods in accordance with ordinary legislative procedures. Constitutional laws have the same effect as laws that stipulate other issues and adjust other social relations. Britain is a typical unwritten constitutional country. The constitution includes a series of laws, constitutional conventions and constitutional precedents formulated during and after the long-term bourgeois revolution. Britain is also a country with a flexible constitution. The procedure for parliament to formulate and amend constitutional laws is the same as that for ordinary laws. Constitutional law is only a part of the law, that is, Britain has no constitution in the sense of fundamental law, only a constitution in the sense of departmental law. Second, it refers to the laws enacted by the national legislature to implement the constitution in countries with written constitutions. In countries with written constitutions, there are both constitutions in the sense of fundamental law and constitutions in the sense of departmental law. As a constitution in the sense of fundamental law, it is only a constitutional code, while as a constitution in the sense of departmental law, in addition to the constitutional code, it also includes laws that stipulate the contents of the constitution in ordinary laws, such as organization law, election law, representative law, legislative law, rules of procedure of representative organs and so on.

(3) Constituent Assembly

Constitutional convention refers to the customs or traditions that exist in actual political life and are generally followed by state organs, political parties and people, and actually have the same effect as the Constitution. Both unwritten constitution countries and written constitution countries have constitutional conventions, but they play different roles in national life and occupy different positions in the constitution. Constitutional convention is an important part of the constitution of unwritten constitutional countries, and it plays an important supplementary role in written constitutional countries. The Constituent Assembly has three main characteristics: first, there is no specific legal form, and its content is not clearly stipulated in the constitutional code or constitutional law, but scattered in some newspapers, politicians' speeches, court precedents and habits formed in political practice; Second, its content involves the fundamental system of the country, the basic rights and obligations of citizens and other most fundamental and important issues; Third, it depends mainly on public opinion rather than state control to ensure its implementation.

The Constituent Assembly plays an important role in the political life of the country, mainly in three aspects: First, it can make the constitutional provisions have no legal effect; Second, constitutional conventions can make the constitutional provisions easier to implement; Third, constitutional conventions can make up for the shortcomings of constitutional provisions, and most constitutional conventions can play this role. The constitutional amendment organ can turn the constitutional convention into the formal content of the constitution through the constitutional amendment procedure. When the United States enacted the constitution, there was no provision for the re-election of the president, and there was no constitutional restriction. Washington, the first president, established the convention of being re-elected only once, while Roosevelt served as president for four consecutive times at 1940, breaking the constitutional convention formed in Washington. 195 1 the constitutional amendment clearly stipulates that the president shall not be re-elected for more than two terms. Many constitutional conventions in Britain were also confirmed by later legislation. Of course, constitutional conventions may also be abandoned due to the development of the times.

(4) Constitutional precedent

Constitutional precedent refers to the binding precedent gradually formed by the judicial organs in the trial practice without explicit provisions in the Constitution. In common law countries, according to the "precedent binding principle", the judgments of the Supreme Court and the superior court become precedents because they are the basis for the lower courts to hear similar cases. At the same time, according to the principle of common law, the court can make rules that are not clearly stipulated in the law. In countries where the constitution is unwritten and flexible, there is no constitution in the sense of fundamental law, and the court's precedent on constitutional issues is also one of the manifestations that the constitution is not clearly stipulated in constitutional laws. For example, in Britain, the provisions on civil liberties and judicial procedures to protect civil rights from infringement by state officials and state organs are determined through court cases.

In a country with a written constitution, because there is a constitution in the sense of fundamental law, the judgment of the court must conform to the provisions of the constitution and cannot create constitutional norms. However, in these countries, the courts have the power to interpret the constitution, and the judgments made by the courts according to the constitutional interpretation in specific cases are binding on the lower courts. The Supreme Court of the United States established the constitutional practice of examining whether the laws enacted by the Federal Congress are constitutional through the case of Marbury v. Madison 1803.

(5) International treaties and international customary treaties are written agreements on the relationship between rights and obligations between the subjects of international law, while international customs refer to legally binding rules of conduct formed by countries in their interaction. "pacta sunt servanda" is a basic principle of international law. Once accepted by all countries, international practices should be universally binding. International treaties and international customs are the main sources of international law, but whether they can become the sources of domestic law and constitution depends on the participation and recognition of a country. Some western countries have special provisions in their constitutions on the status and effectiveness of international treaties and international customs in domestic laws. For example, Article 6 of the US Constitution 1787 stipulates that all treaties concluded or about to be concluded by the United States are the supreme laws of the United States, and judges in all states should be bound by them.