On The Power Of Constitution

Constitutional power is the legal compelling force and binding force of constitution. It means constitutional law, as the basic law of a country, has its national compelling force in the 4 aspects: occupation, possession, occupant and affairs.Compared with the ordinary laws' powers, constitutional law's powers have such characteristics as follows: supremacy, macroscopy , stability, political affirmation, distinction of its ruling objects and the specialization and plurality of its protecting systems.That constitutional has the supreme power in its form, originates from the self-authorization of the constitutional law. But such self-authorization can't absolutely ensure the realization of the supreme power of the constitutional law. If the constitutional law wants to be accepted by people in the real life, its legitimacy must be ensured. That the constitutional law has the supreme power, in its real sense, originates from the needs of protecting human rights. The supreme power of constitution results from the needs of "superior law" concept and the realization of the sovereignty of people, and it is the legal ends of human rights protection.Controlling the government is the main character of constitutional power. Generally, modern constitutional countries control the public powers by means of limiting explicitly the scope of public powers, the way of power functioning and enlarging the scope of citizens' rights.The realization of constitutional power's supremacy can't go without the systems' protection. Thus, when it comes to the construction of constitutional protecting system on the basis of using foreign practice for reference, adopting the two-tiered system, which involves granting the power of review of constitutionality to the legislative department, and granting the power of jurisdiction of constitutional lawsuit to the judicial department, would be a preferable choice.