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Constitutionality System

Author: LinGuangHua
Tutor: BaiGang
School: Graduate School of the Chinese Academy of Social Sciences
Course: Constitutional and Administrative Law
Keywords: Constitutional Review Constitution first Limited government The rule of law Judicial Enforcement of Constitution
CLC: D911
Type: PhD thesis
Year: 2002
Downloads: 2446
Quote: 9
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Abstract


This article is an the system studies unconstitutional censorship monograph, respectively, from the unconstitutional censorship of the general theory of the historical origins of unconstitutional censorship, the theoretical basis of unconstitutional censorship, countries unconstitutional censorship mode normative, The combination of history and reality of the Chinese Constitution supervision system and empirical research, analysis of the main problems of the current constitution supervision system and the establishment of unconstitutional censorship theoretical obstacles ideological obstacles and legal obstacles. The purpose is to clarify the value and functions of the Constitutional Review in the constitutional order and the establishment of unconstitutional censorship in China must solve difficult problems, and to provide some valuable theoretical basis for China's unconstitutional censorship. The paper is divided into six chapters: Chapter unconstitutional review of the concept of main content. This chapter describes the basic concepts of constitutional review. There are two. Section I of the concept of \Western scholars first elaborated on the definition of \Section II describes the meaning of the constitutional review. Defined focus from constitutional review of the subject, the object, the legal consequences of the Constitutional Review, and then analyzes the constitutional review and the distinction between the concept of constitutional oversight, judicial review, and constitutional litigation. The main content of the second chapter of unconstitutional censorship. The chapter analysis of the the unconstitutional censorship main content. Divided into five sections. Section I of the principle of constitutional review, Section II describes the scope of the constitutional review, Section III of the Constitutional Review, Section IV deals with the constitutional review of the sanctions, and Section V broad summary of the chapter. On the constitutional review bodies, because it is related to the mode of constitutional review, therefore, I will place it in Chapter VI \Chapter the origin and development of unconstitutional censorship. The chapter from a historical perspective to clarify the context of the origin and development of the different types of unconstitutional censorship. There are four. Section I of the origin and development of the system of judicial review, Section II describes the origin and development of the specialized organs of the review system, Section III of the origin and development of the system of parliamentary review, Section IV deals with the the unconstitutional censorship development trend. The fourth chapter of the theoretical basis of the system of constitutional review. Divided into five sections. This chapter discusses the theoretical foundation upon which to build unconstitutional censorship. This chapter of the theoretical basis of the unconstitutional censorship summed up in five aspects: First, the Constitution is supreme theory; theory of limited government; Third, the separation of powers theory; Fourth, the sovereignty of the people; Fifth, the rule of law theory. Chapter unconstitutional review the history and status quo of the censorship. There are three. The chapter, the theory and practice of supervision of the Chinese Constitution, the main obstacle of the main problems of Constitutional Supervision System and the establishment of unconstitutional censorship. Section I briefly reviews the four historical phases in our Constitution supervision system from scratch, the second section analyzes the main problems of our current constitutional supervision system, discussed in section III of unconstitutional censorship is why it is difficult to establish up barriers to the theory, the ideological and legal impediments. Chapter VI establishment and improvement of China unconstitutional censorship. There are three. This chapter discusses how to establish and improve China's unconstitutional censorship. First analysis of the classification of countries unconstitutional censorship mode with the revelation, in order to provide a theoretical basis for the establishment of unconstitutional censorship in China, and then combined with the actual situation in China, to explore China's unconstitutional censorship mode of choice, the last of our Constitution justice issues. Constitution as law in the administration of justice be directly applicable, as the legal basis of the trial of the case, is unconstitutional censorship be an important prerequisite for the establishment of our Constitution and judicial trial activities detachment, which seriously affect the function of the realization of the Constitution.

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CLC: > Political, legal > Legal > UNIVERSITY > National law,the Constitution
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