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The Formation Of American Judicial Review Model And Its Influence

Posted on:2010-03-12Degree:DoctorType:Dissertation
Country:ChinaCandidate:H Q GuoFull Text:PDF
GTID:1116360305456854Subject:Constitution and Administrative Law
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Based on the principle and constitution system of"power separation", the US Supreme Court established judicial review power to solve the disputes of authority between federal governments, federal and the states; and meanwhile protect the rights defined in the"US constitutional law"for citizens. The limit of the US Supreme Court is restricted by the"US constitution law"and relevant policies. In practice, the US Supreme Court established some doctrines on restricting of juridical review, which include litigants standing, ripeness, prohibition against advisory opinions and no review on political problems.The US judicial review system comes into being along with adapting home circumstance. It is a decentralized incidental review; US courts of all levels have the power of judicial review. The US Supreme Court has the final judgment power for cases concerning federal constitutional questions. The operation of judicial review by the US Supreme Court has mainly two ways: issuing"Certification"and"Writ of Certiorari". In each period, the US Supreme Court has shown different characters and played great importance on handling the authority disputes and guarantee of fundamental citizen rights. Meanwhile, it should be acknowledged that the US judicial review system has limitation that"political problem"and problems in special period are out of its capability. Moreover, its efficient operation depends on judges with outstanding political accomplishment and constitutional awareness.The American style judicial review model has brought great influence on other countries. Many countries drew experience from the judicial review theory and system of US, and most of them belong to common law system or invaded and reconstructed by US.Different with the US system characterized by"power separation", China adopts"democratic centralism". The Constitutional law of PRC excludes the power of applying constitutional law by peoples'courts. The thought application of constitution in Courts deviates from China's constitution system and the provision. It is applicable that developing the role of peoples'courts in judicial review and push ahead the current operation of judicial review system in China. The experience of US is noticeable, but simply transplant to other countries are not feasible. The author emphasizes to perfect the supervision system by organization and mechanism construction based on China's fundamental situations.
Keywords/Search Tags:power separation, applicable constitution, abide by constitution, application of Constitution in Courts
PDF Full Text Request
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