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Study on the Properties of Constitutional Interpretation

Author: ZhaoPeiPei
Tutor: WanZuo
School: Shanxi University
Course: Constitutional and Administrative Law
Keywords: Interpretation of the Constitution Power of interpretation of the nature of the Constitution Application of the law
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 20
Quote: 0
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Abstract

The Constitution is the fundamental law of the country, \the highest authoritative determines Constitution, it must have stability, can not be capricious. However, real life is evolving, in order to safeguard the implementation of the Constitution, to promote the continuous development of the Constitution, to uphold the constitution stability to the Constitution must be interpreted. Effective implementation through the analysis of the constitutional right to interpret the nature of the protection of the Constitution, the correct understanding of the Constitution is of great significance to maintain the authority of the Constitution. Different countries in the world the right to interpret the Constitution, which is the result of different analysis of the nature of the Constitution, the power of interpretation. China in recent years, in practice, there have been cases of some of the basic civil rights have been infringed, the basic law does not provide in these cases and thus will not be able to apply the Basic Law, then you need this fundamental law of the Constitution to protect the fundamental rights of citizens, but in the administration of justice practice, the Constitution and not as a direct legal basis for the justiciability of cases, there is no actual legal effect. View of the reality of a growing number of citizens' basic rights have been violated and explain the premise of idle civil rights in the Constitution there is no way to get relief, making our power to interpret the Constitution of the Standing Committee of the National People's Congress in China is reasonable to question . The implementation of the Constitution by the Constitution, the power of interpretation of the nature of the analysis, development has far-reaching effects, and our constitutional right to interpret nature did not pay enough attention to our interpretation of the Constitution is very imperfect system. This article through the analysis of the power of interpretation of the nature of the Constitution at home and abroad, our Constitution right to interpret the existing problems in the theory and practice analysis, combined with foreign experience, proposed solutions to this problem, and to our system of constitutional interpretation has been benefit. In addition to the introduction and conclusion, is divided into four parts. The first part is the power to interpret the Constitution, the basic theory. This part of the analysis of the basic concepts through the power of interpretation of the Constitution makes it in-depth understanding of our constitutional right to interpret the nature, and the nature of the power to interpret the Constitution to redefine, through the introduction of the constitutional right to interpret the nature of our further improve the application of the law of the Constitution as well as the interpretation of the Constitution has certain theoretical significance. The second part of the introduction of foreign constitutional right to interpret the nature. This part through the introduction of foreign constitutional right to interpret the nature of foreign and domestic constitutional right to interpret the nature of the lateral sparked our Constitutional right to interpret the nature of thinking. Through domestic and international comparison of the constitutional right to interpret the nature of certain guiding role in the improvement of the power of interpretation of our Constitution. The third part is the analysis and leads to our constitutional right to interpret the presence of existing typical case. By analyzing we see exactly what the many constitutional cases in China there are some imperfections due to the nature of our Constitution, the power of interpretation, but can not make the legitimate rights of the parties to obtain effective relief, thus making people doubt our legal authority, resulting in our threatened legal system. The fourth part is the corresponding measures to improve our Constitution the right to interpret the nature of existence. Including the root causes of the Constitution, the law applies, the main design of the interpretation of the Constitution as well as programming. Through this institutionalized provisions makes our country's constitutional cases to a legal basis, the legal protection of the fundamental rights of citizens, has important implications for the harmonious development of China's social stability.

Study on the Properties of Constitutional Interpretation

Abstract

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