5【Ontological分類論】 Karl Loewenstein，Political Power and the Governmental Process： With the radically changes role of the written constitution in mind，it is suggested that a new approach to the classification of constitution is necessary。To avoid the more fashionable term “ existential “，the new analysis may be called “ ontological ”。It is proposed to differentiate constitutions as to their normative，nominal，and sematic charcter。 ※ The normative constitution－The ontological approch，instead of analying substance and content，focuses on the concordance of the reality of the power process with the norms of the constitution。It proceeds from the recognition that a written constitiution does not operate automatically once it has been adopted by a nation。A constitution is what power holders and power addresss make of it in practical application。 ※ The nominal constitution－However，the normativity cannot be taken for granted；it requires verification by practice in every single case。Even though legally valid，a constitution that is not lived up to in practice lacks existential reality。In this case the constitution may be described as nomial。The situation must not as written differ from constitutions as actually applied。Constitution change not only by formal constitutional amendment but also and even more by a imperceptible metamorphosis of the establish norms through political usages and habits。 ※ The semantic constitution－Finally，the instance are unfortunately increasing，both in number and in the importance of the states affected，in which the constitution is fully applied and activated，but its ontological reality is nothing but the formalization of the existing location of political power for the exclusive benefit of the actual power holders in control of the enforcement machinery of the state。While the primary function of the written constitution is that of limiting the conscentration of power and permitting，within the constitutional frame，the peaceable competition of the social forces of the community，the mobility of social dynamics is elminated by the type of constitution referred to here。That Be，it an individual person（dictator），a junta，a committee，an assembly，or a party。This pattern may be spoken of a sematic constitution。 Karl Loewenstein，Political Power and Governmental Process，（Chicago and London：The university of Chicago Press 1965）pp.147-149
Posted on: Sat, 10 Jan 2015 04:52:25 +0000
Trending Topics
Recently Viewed Topics
© 2015