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A Study on Constitutional Court’s Jurisdiction

Author: XiongZuo
Tutor: WangBenCun
School: Chongqing University
Course: Legal
Keywords: Constitutional Court Jurisdiction Constitutional Review Constitutional Supervision
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 37
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Abstract


Constitutional Court system many civil law countries in the world to establish a system to protect the implementation of the constitution. It played a positive role in promoting the protection of human rights, to limit the national public authority to coordinate the powers of the state organs and run. It can be said that the Constitutional Court system is a great invention of constitutional history. The main functions of the Constitutional Court is to safeguard the implementation of the constitution by the Constitutional Review. In countries with a written constitution, the constitution was established for the supremacy of law. Constitutional review of the function is to protect the supreme authority of the Constitution, is mainly reflected in the fundamental rights of citizens under the protection of the Constitution and freedom, supervision and limit state power strictly exercised within the limits prescribed by the Constitution and laws, and the maintenance of constitutional order. Although China has yet to establish a truly unconstitutional censorship, but China also has constitutional supervision system. The supervision of China's Constitution refers to the supervision of the highest authority and its permanent body for the constitutionality of other state organs. [1] of a series of laws and regulations by the Constitution, \The constitution is located in the top of this system. However, due to various reasons, the constitutional supervision system in China is far from perfect, yet to play its due role. [2] This article describes the background of the origin and formation of the Constitutional Court, and focuses on the jurisdiction of the Constitutional Court in Germany and Eastern European countries, and combined with of our Constitution supervision system status quo, some drawbacks of its existence and the national Constitutional Court jurisdiction Implications for China to improve the supervision system of China's Constitution a long way to go. The thesis is divided into three parts of the introduction, main body and conclusion, in which the body is divided into three chapters: The first chapter describes the background and theoretical basis of the Constitutional Court in Austria, as well as the development in Germany, Eastern Europe and other countries. So that people have a preliminary understanding of the history of the Constitutional Court. The second chapter analyzes the jurisdiction of the Constitutional Court in Germany and Eastern European countries. This chapter is divided into three parts, the first part describes the jurisdiction of the German Constitutional Court, the second part of the jurisdiction of the Constitutional Court of the Eastern European countries, a rough comparison of the third part of the jurisdiction of the Constitutional Court in Germany and Eastern European countries. The third chapter describes the status of the Constitutional Supervision System, can be clearly seen and the jurisdiction of the national Constitutional Court of Constitutional Supervision abuses of the system, that the Constitution provides imperfect, does not establish a special constitutional review bodies, the Constitutional Review startup programs is not clear, it is pointed out that the establishment of a special constitutional review bodies should learn from constitutional experience of developed countries at the same time and the political system and the historical and cultural traditions of their combination, and pay attention to the impact of other factors on the effects of unconstitutional censorship.

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