Discover Practical And Theoretical Argument-the Problem Of Constitutionality Standards

Constitutionality is an important research area of Constitution. In recent years, many constitutional cases have triggered constitutional debates. Constitutional standards is of crucial significance to constitutionality judgement. China does not establish a sound mechanism of constitutionality judgement and is lack of research towards Constitutional. Constitutionality stems from Constitution legitimacy. If Constitutionality leaves the Constitution, it will not exist the so-called unconstitutional and constitutional issues, and so the standard of constitutionality judgement originates from the Constitution itself. Constitutional norms are the most direct and specific criteria to constitutionality judgement. The principle of constitutional norms makes constitutional norms to be standards and they depend on constitutional interpretation . Constitutional principle and constitutional spirit are the logical starting point and theoretical point of constitutional interpretation. Constitutional principle and constitutional spirit are the logical starting point and theoretical point of constitutional interpretation . Constitutional practice and constitutional theory etc play a supporting role that can not be ignored in the constitutionality judgement.Constitutionality judgement is not a legal issue,but also a political and social issues that relate to politicals and social development,and therefore the control of constitutionality standard becomes more important.In the specific examples of constitutionality judgement,we should first focus on the integration of constitutional norms and constitutional spirit to unify and balance the normality and rationality. Secondly, we should attach importance to constitutional interpretation in the constitutional standards application.Finally, we should note the comprehensive constitutional standards,analyze and evaluate from the right norms,power norms,procedure norms and other multiple perspectives to make the right judgments.