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Constitutional Litigation

Author: LinYi
Tutor: YangQuanMing
School: Sichuan Normal University
Course: Constitutional and Administrative Law
Keywords: Constitution Constitutional Litigation Litigation function Litigation model The Chinese Constitution litigation system
CLC: D911.01
Type: Master's thesis
Year: 2001
Downloads: 257
Quote: 0
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Abstract


Constitutional litigation by citizens , political parties , social organizations or state organs, the Constitution judicial organs in accordance with legal procedures to sue unconstitutional infringement of the constitutional rights and the constitutional order to be guaranteed the system . It was significantly different in the three traditional litigation morphology . The theoretical basis and foundation upon which to build and run the constitutional litigation is the highest constitutional and legal . Constitutional litigation is a basic constitutional norms of life , epitomized the real process of constitutional values ??. It has the basic functions to maintain the spirit of constitutionalism and the protection of human rights , and to prevent the abuse of power , and the maintenance of national unity . Due to historical traditions , cultural backgrounds , the impact of the sources of law , constitutional litigation in its historical evolution of the formation ordinary Court of type ( represented by the United States ) and the Constitutional Court of type ( Germany ) are two major constitutional litigation mode . They have their own strengths , and the same mechanism . In mainland China , the rights of the Constitution relief has just begun . To explore constitutional litigation issues , need to be concerned about the status quo of China's Constitution Judicial Application and fully understand the basis of the need for the establishment of constitutional litigation , the proposed constitutional litigation scientific idea , and the conditions for implementation of the constitutional litigation system and its environment to create recommendations .

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