A Study On Constitutional Court's Jurisdiction

Constitutional court system is established by many continent countries in order to guarantee constitutional implementation. It is used for guaranteeing human rights, limiting state public power and dissolving the disputes among power and rights. We can say that constitutional court system is the greatest invention on the constitutionalism history. The main function, guaranteeing constitutional implementation , mainly depends on constitutional review. In the constitutionalism countries, the constitution is the highest law. The function of constitutional review is guaranteeing the tallest authority of constitution. Concretely speaking, it protects the constitutional basic rights and freedom of the citizens, controls the state powers to realize the constitutional order. Although China hasn't created truly constitutional review system, it also has the constitutional supervision system. The constitutional supervision of China mainly refers to the supreme organ of authority and its permanent body for other state organs'supervision. Our country sets up the effect hierarchy of law system. The constitution is located in the top of the system. But because of various reasons, the constitutional supervision system of China is still very imperfect and has not realized its functions. This paper introduces the origins and forming background of constitutional court, emphasizes to elaborate the jurisdictions of Germany and East European countries'constitutional court and analyzes some problems of Chinese constitutional supervision and apocalypses that the jurisdiction of constitutional court of other countries. The paper pointed out that to accomplish the perfected procedure of constitutional supervision for China has very long and hard way to go.The paper is divided into preface, main body and conclusion. Among them, the main body is divided into three chapters:The first chapter introduced the background and theoretical basis of the constitutional court in Austria and its development in Germany and East European countries. It made people have preliminary understanding to the history of the constitutional court.The second chapter analyzed the jurisdictions of constitutional court of Germany and East European countries. This chapter is divided into three fractions. The first fraction introduces the jurisdiction of constitutional court of Germany. The second fraction introduces the jurisdiction of constitutional court of East European countries. The third fraction roughly compares the jurisdiction of constitutional court of Germany with those of East European countries.The third chapter introduces the present condition of the constitutional supervision system of China. Through compared with the jurisdictions of constitutional court of other countries, we can clearly discover the irregularities of constitutional supervision system of China. Those are: the articles of constitution were imperfection, haven't creating technical institution of constitutional review and the procedure of the constitutional review is not explicit and so on. The thesis points out that creating technical institution of constitutional review of China should draw lessons from developed constitutionalism countries at the same time eye on our countries'political system and the tradition of China. We should pay attention to other factors'impact to the effect of the constitutional review.