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The Prosposition Of Integretting The Constitutional Superintendence System Of Particular Organ Of Our Country

Posted on:2006-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2166360155969830Subject:International Law
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The constitutional superintendence system is a system that the constitutional superintendence corpus supervise and decide whether law.statute and the administrative order etc. constitutional or not according to the definite procedure to maintain the constitutional authority, warrant constitutional operation and guarantee the citizen constitutional right. The constitutional superintendence of particular organ featured of particular corpus and object of superintendence is core of the constitutional superintendence system.For different political system,historical traditian and process of the rule of the law.different courtries construct constitutional superintendence systems characristic of thoetical foundition.superintendence corpus.object and substance. Among them have the most representative three modes respectively with the United States representative of the mode of ordinary court judicial review, with Germany representative of the mode of constitutional court and with France representative of the mode of political organ in specialized censorship. Clear and definite stipulation in constitution of our country that the people's congress system is core of the foundamental polity. National Peoples Congress and its standing committee grow corpus of the constitutional law superintendence system. But in realistic substance, the unconstitutional scene of the different degree still exists, constitutional law superintendence system presents in many ways defects and loop - holes. They primarily appear as follows.Effectively full-time organ in deficiency, the constitutional superintendence could not usually turn on.The constitutional superintendence lacks of systemization and procedure. Insufficiency On mind of constitutional notion .position and effection. The constitutional superintendence is limited by primarily censorship of the abstract unconstitutional abearance.To solve the above problems in validation, and integret the constitutional superintendence system of particular organ in our country, we need to construct a comparatively independent and specialized constitutional superintendence organ, reenforce the constitutional superintendence law.Create and develop unconstitutional contimeasures and improve the consitutional conscience of the nation.
Keywords/Search Tags:constitutional superintendence, constitutional review, judicial review
PDF Full Text Request
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