Constitutional Review

This thesis is a text about the constitutional review system. The thesis is directed by dialectical materialism and historical materialism and employs the methods of criterial, positivist, historical and comparative analysis. The thesis offers the valuable theoretics for the establishment of our constitutional review system.The thesis expounds the concepts of the constitutional review in the different legal systems and analyses the difference of constitutional review, judicial review, constitutional legitimacy, constitutional application, constitution supervision, constitutional guarantee. The thesis discusses the worth orientation of constitutional review from the substance and manner and expatiates the principles of supremacy of constitution, power separation and balance, rights guarantee. The thesis also introduces the three modes of constitutional review, namely review by legislation organ, review by judicatory organ, review by special organ.The thesis expounds the evolvement, establishment and development of constitutional review system. The thesis emphasizes to investigate the thinking and exoterica basis. From the theories of English thinkers, the forepart practice of America to William Marbury case, all are in the horizon of this thesis.The constitutional review system is important to the constitutional order of all countries now. It can build up the authority of constitution, maintain the legal unification, and protect the democracy and human rights. The thesis compares the constitutional review systems of the common law countries with the continental law countries, analyses the differences of the history, content, procedure, rights guarantee, form and jurisdiction.The thesis also probes the history and actuality of our constitutional review system. The thesis analyses the theory, thinking and legal obstruction of our constitutional review system through examining the problems of our constitutional supervision system. There is not constitutional review system but constitution supervision system in our country. The thesis thinks that we should establish the constitutional review mode which suits Chinese society. The constitutional committee mode would be the better choice for our country. The thesis tries to offer the theory basis for our constitutional review system.