The System Of Constitutional Review

This monograph concentrates its comprehensive study on the issue of constitutional review system. The author deals with conceptual studies of general theories of constitutional review system, historical origins of constitutional review system, theoretical bases of constitutional review system, and all the models of constitutional review system in the world. Combining with the history and reality of Chinese constitutional supervision system, the author deals with practical studies of analyzing main problems of Chinese current constitutional supervision system and theoretical obstacles, ideological obstacles, legal obstacles of establishing Chinese constitutional review system. The aim of the monograph is to clarify the value and function of constitutional review system in the constitutional order and difficult issues which must be surmounted for establishing Chinese constitutional review system, thereby providing some valuable theoretical grounds for Chinese constitutional review system.This monograph consists of six chapters which are as follows:Chapter One Concepts of Constitutional review system. This chapter mainly deals with basic concepts of constitutional review. It consists of two sections. The first section deals with the concept of violating constitution. First, it sets forth western scholars' definitions of violating constitution. Second, it summarizes opinions about violating constitution of the scholars in our country. Finally, it puts forward the author's concepts about violating constitution. The second section deals with the meaning of constitutional review. It determines the concept of constitutional review from its subjects, objects and legal consequences emphatically, and analyses the differences between constitutional review and constitutional supervision, judicial review, and constitutional litigation.Chapter Two Main concepts of constitutional review system. This chapter mainly analyses main aspects of constitutional review system. It consists of five sections. The first section deals with the principles of constitutional review, the second one deals with the scopes of constitutional review, the third one deals with the modes of constitutional review, the fourth one deals with the sanctions of constitutional review, the fifth one is a brief summary of this chapter. As for the institutions of constitutional review, the author puts it in the section of 'Classifying and enlightenment of all the models of constitutional review system in the world' to avoid unnecessary repeat because it relates to the models of constitutional review.Chapter Three Origin and development of constitutional review system. This chapter reveals the sequences of the origin and development of various types of constitutional review system. It consists of four sections. The first section deals with the origin and development of judicial review system, the second one deals with the origin and development of specialized institution review system, the third one deals with the origin and development of parliament review system, the fourth one deals with the development tendency of constitutional review system.Chapter Four Theory bases of constitutional review system. It consists of five sections. This chapter mainly deals with the theory bases on which constitutionalreview system is set up. This chapter sums up five aspects of theory bases of constitutional review system: (1) theory of supreme of constitution, (2) theory of limited government, (3) theory of check and balance of power, (4) theory of sovereignty of people, (5) theory of rule of law.Chapter Five History and present situation of Chinese constitutional review system. It consists of three sections. Combining with the theory and practice of Chinese constitutional supervision, this chapter analyses main problems of Chinese constitutional supervision system and main obstacles for establishing Chinese constitutional review system. The first section briefly retrospects to four historical development periods of Chinese constitutional supervision sy...