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Analysis of Constitutionality on Judicial Interpretation of the Constitution in China

Author: WangWei
Tutor: XiaoBeiGeng
School: Hunan Normal University
Course: Legal Theory
Keywords: the Supreme People’s Court the Constitutional Law Judicial Interpretation
CLC: D921
Type: Master's thesis
Year: 2004
Downloads: 219
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Abstract


The discussion on judicialization of the Constitution initiated by "the August 13th Reply "has been a hot topic in constitutional and even the whole legal circles, in which the focus is undoubtedly whether the Supreme People’s Court has the authority to interpret the Constitution. In accordance with such present situation as the contrast between ideal and reality and between stipulation and actuality in the constitutionalism construction, this paper is to point out that the judicial interpretation of the Constitution, as an objective existence, should be acknowledged and standardized rather than be queried , criticized and even rejected. And the paper holds that only transformed its reasonableness into its legitimacy (constitutionality) and based its growth on constitution norms and system can the judicial interpretation of the Constitution fully realize its due theory and practical meaning, overcome its unstandard defects and drawbacks while operated.Take this as the standpoint, on the one hand, instructed by constitution theory and the universal law that constitution is implemented, starting from both constitutionalism spirit and constitution text, the paper analyses and proves that in the institutions of the Constitution interpretation, the judicial interpretation of the Constitution and the interpretation of the Constitution of the National People’s Congress are not either-or relation, but should be complement each other, both devote together to the real enforcement of the Constitution. Besides according to the sino-west comparative research on the evolutionary history of constitution, a conclusion can be drawn: The judicial interpretation of the Constitution truly conforms to the logical access of constitutionalism withno doubt——the process from a model to a convention. On the otherhand, in the light of China’s practice of constitution interpretation, the paper probes into the social base of constitutional judicial interpretation

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