The Concept Of Constitutional Application

Theoretical inquiry on systematical level into the process of constitutional practice,especially into application of the Constitution,is counted as fundamental work for any studies on practical mechanism of China's Constitution.Constitutional application refers to the process through which the authorized state organ makes constitutional adjudication based on constitution norms to solve constitutional disputes.Any explanation and interpretation of the concept should be made through analysis of three analytic concepts,namely,constitutional dispute,constitutional construction,and constitutional adjudication,and logical propositions in relation to them.According to the functions of the Constitution,the concept of constitutional disputes can be defined as follows-those disputes happening in constitutional practice which require an adjudication regarding either conflicts of authority boundary among political organs,or infringement of constitutional civil rights by the governments.Not all constitutional issues constitute constitutional disputes.Some of them might be solved through strategic choices mechanism to become political conflicts or legal disputes,whereas some others might be reinforced as constitutional disputes.The split determines how a state's solution mechanism for constitutional disputes look like.Constitutional construction is the method of constitutional application.Only by construction can a proper adjudication be made.Which can be relied on to solve a constitutional dispute is the so-called normative constitutional theories,but rather methodological constitutional theories.Constitutional adjudication refers to the effective decision passed down by the state organ,which is made relied on certain constitutional theories in order to solve certain constitutional issues.The decisions might come in three forms,i.e.Constitutional(affirmative decision),unconstitutional(negative decision),or interpretative(re-affirmative decision).The three concepts and their logical proposition is not only of explanatory force for constitutional practice of various states,but also applicable for China.All in all,constitutional application,as a concept with universal applicability,can promote construction of an academic exchange platform with rigidity,clarity,and logic,and is also helpful for analysis and interpretation of the constitutional practice and its mechanism in China.