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On the Power of Constitution

Author: YaoShuMing
Tutor: ZhouYeZhong
School: Wuhan University
Course: Constitutional and Administrative Law
Keywords: Constitutional validity The effectiveness of the primitive Constitutional Supervision Constitutional Litigation Constitutional Review
CLC: D911
Type: Master's thesis
Year: 2005
Downloads: 594
Quote: 0
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Abstract


The constitutional validity refers to the the legal mandatory and binding of the Constitution , the Constitution as a national fundamental law in the case of territoriality , the case and the case of the national mandatory force things in four dimensions . Compared to the effectiveness of the law in general , the constitutional validity has the following characteristics : the highest , macroeconomic stability , political recognition , regulation distinctive security system specialized and diversified . The Constitution is the highest effectiveness formally primitive in the constitution of the self - authorization , but this self- authorization is not of course to ensure maximum effectiveness of the Constitution of the realization of the constitution to the awareness of the people in real life , and must be guaranteed by the Constitution has legitimacy . The Constitution is the highest effectiveness in essentially primitive in the need to protect the rights of the people , the highest of its effectiveness is the demand for \National control is the most important constitutional validity characterization . Modern constitutional state is generally through explicit state power be exercised within the scope of the limits of power , the power to run way and by expanding the scope of the right of citizens to control state power . On the basis of the traditional field of public law , the Constitution is also the area of ??private law to expand the scope of its effectiveness , its a typical representative of the \Constitution and the Private Law in China should also be recognized. The constitutional validity the highest realization inseparable from the system of protection of , we should learn a foreign system of constitutional guarantees on the basis of building security system of China 's Constitution , given authority unconstitutional right to review with the judicial jurisdiction of the two-track system of constitutional litigation should be our the Constitutional Security System a better choice .

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