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On the Subject of the Constitutional Interpretation Power

Author: ZhangJie
Tutor: RenXiRong
School: Jilin University
Course: Constitutional and Administrative Law
Keywords: Interpretation of the Constitution Constitution, the power of interpretation Constitutional right to interpret the main
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 85
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Abstract


Constitution as the fundamental law of the country, the basic problem of a country of its main provisions, the Constitution is the highest legal authority, the highest authority, all other laws must be formulated according to the Constitution, the fundamental principle of all activities of the country. Constitutional right to interpret as an important part of the national authority, reflecting the implementation of the Constitution in the practical application of the establishment of a constitutional right to interpret system helps achieve the smooth implementation of the Constitution, to protect the validity of the constitution, authority. Provide effective protection for the construction of a socialist society based on the rule of law. Text of this paper is divided into three parts, the first part introduces the general theory about the power of interpretation of the main body of the Constitution, given a macro impression through the legal analysis of the constitutional right to interpret the main concept, we think that the constitutional power of interpretation is a power enjoyed by the state has granted a specific subject in the specific facts of the case, or in the case of actual social life change, need that particular theme combined with the Constitution and such specific conduct in the legal sense of the meaning of the text of the Constitution and other sources of law illustration of the power and the right to the main body of the interpretation of the Constitution because of the particularity of its powers, be confined to only three of the legislature, the judiciary and the executive authorities, to select the different countries today combine their different histories and national conditions the power to interpret the subject; second part introduces today's world, carved out of the actual practice of the constitutional right to interpret the main types, type by the ordinary courts, the legislature, specialized agencies. these three types constitutional right to interpret the main mode comparative analysis of the demonstration, draw all types to explain the pros and cons of the main mode characteristics; third part of our constitutional right to interpret the main mode system main speakers, our Constitution clearly states that the power of interpretation of the main body of the Constitution belong to the Standing Committee of the National People's Congress, through the analysis of the the Constitution assigned directly to the main power of interpretation of the Constitution and our constitutional right to interpret the main system in practice, come to one of the actual situation: China's constitution gives the power to interpret the body of the Constitution only the National People's Congress Standing Committee, National People's Congress the General Assembly has the implied power of interpretation of the Constitution, and the rest of the other agencies, organizations, individuals have no constitutional right to interpret. However, in the practice of our country, but the power of interpretation of the main body of the diversified, and thus the author of this phenomenon, and come to a final conclusion: diversification of the constitutional right to interpret the main social subjects apply the Constitution must generate , necessary interpretation of the Constitution is applicable constitutional, but the interpretation of these main conflict with the interpretation of the Standing Committee of the National People's Congress, only the interpretation of the Standing Committee of the National People's Congress is the ultimate the power to interpret. This article is from reality, from the general theory of the Constitution, the right to interpret the main, and eventually settled into our constitutional right to interpret the main system to provide effective help to the perfection of our constitutional right to interpret.

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