Study On Judicialization Of Constitution

To run the country with the rule of law is the symbol of social civilization and progress. Because the constitution occupies the status of the fundamental law in the legal system of a country, it determines to run a country in accordance with the constitution at first so as to establish the supreme authority of the constitution. But in China, though ,as we all know , the constitution have supreme legal effect , the authority of the constitution can not be really established, and people do not even treat the constitution as a law . In order to go out of the predicament that the constitution is implemented , ensure the citizen's fundamental right conscientiously, and meet the needs of administration of the country according to law, the scholars seek diligently on the road of the constitutional government, and make great efforts to seek the good plan of promoting the constitution to be implemented effectively. Constitutional procedural system is one of the attempts, meaning that the constitution can be the same as other unconstitutional law to be used in judicatory procedure, and the process that courts aim at specific cases used repeatedly. There has existed both affiliations and distinctions between judicialization of Constitution and constitutional supervision, constitutional lawsuit,and unconstitutional review, etc. As for Judicialization of Constitution, it has a practice history of 2oo years abroad. But with regard to our country, it is a brand-new system design. Based on the situation of China, it is ideal for practice scheme of Judicialization of Constitution to choose ordinary court mode. On one hand, it has not broken the framework of the original political system , and the reconfiguration question of state power does not exist; On the other hand, what it relied on is modern judicial system, which accords with the operation principle of the judicial power. The start-up of the constitution judicial procedure needs the relevant systematical arrangements, especially the specific range, domination, condition for prosecution, and proper procedural law. Otherwise, Judicialization of Constitution will become empty talk on the theory because of being unable to operate in practice. Certainly , it already needs to clear up the possible obstacle factor, such as the deviation in realizing the nature of Constitution, and lack in constitutional rights and consciousness , to advance Judicialization of Constitution, and to solve the relevant problems under the present system again, for instance, the power of interpretation of the constitution, checkup power to the law of violation of the constitution of the Supreme People's Court, etc. It will be a progressive course to realize the judicialization of Constitution.