Study On Constitutional Law Applied In The Court

Judicatory actualization of constitution includes two aspects: first, judicature censor to law, statute and decision, order of sanction at larger which infracting the constitution; second , on the condition of lacking common law and of people' s basic right be infracted, applying constitution criterion to judge. Judicatory actualization of constitution came into being and developed in western country. But in our country, constitution is not applied in the court. Probe into its reason, opinion difference and institution delay are the two primary aspects. To realize the value function that constitution restrict national power and protect attainder, To realize nomocracy of constitution, Judicatory actualization of constitution is needed now. Furthermore, outside conditions , inside conditions and the practice of reform of Judicatory make the feasibility. So, we must design actively the institution of Judicatory actualization of constitution on the base of converting ideal. Let constitution item have straight force and let tiptop demos court have the power to explain constitution, and write these in the constitution . To offer institution ensure, in the justice practice, we should make the most of justice resource in existence for litigation of constitution and censor of violating the constitution .