On The Unconstitutional Review Of Public Policy

The unconstitutional review of public policy, which is for the sake of ensuring the citizen of their rights gifted by constitution, is the newest tendency of the development of modern constitution and constitutionalism.At first, this article analyzed some relative conceptions such as public policy, constitution, public policy system, contravening constitution in public policy system and unconstitutional review of public policy, then put the emphasis on analyzing the last problem: in term of the value of unconstitutional review of public policy, point out the harm of contravening constitution in public policy system and the reason for the difficulty of its review. Next, on the basis of drawing support from the models of foreign country's unconstitutional review, this article put forward a model of unconstitutional review, which is suited for our state. This model is giving first place to establish special mechanisms including temporary committee and henceforth constitutional court to review, make using of another mechanism such as judicature body, administrative body and social body etc. to supervise, and according to the law of procedure and the law of supervision to assure constitutional effect. These models not only emphasize the law's significance, but also stress the public policy system's merit. It will make the question of unconstitutional review resolved more effective, stick up for the constitutional authority, realize democratic constitutionalism.