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Study On The Constitution Supervision System

Posted on:2005-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:S H ZhaoFull Text:PDF
GTID:2166360182967786Subject:Law
Abstract/Summary:PDF Full Text Request
The basic requirements of the constitutionalism are that a country must guarantee its constitution is truly executed and carried out in the country and the social life based on establishing constitution. Though the legal systems and the manifestations of different countries of the world are much different, the purpose and the tenant pursued on establishing the constitution supervision system are the same. In addition, it is the basic trend of the constitutionalism movement in the current world to establish the perfect constitution supervision system and unconstitutionality examination mechanism under constitutionalism system.This paper derivates the theoretical discussion of the constitution supervision system through description of the basic theory of this system, including the basic connotation and intrinsic value. It firstly describes the basic concept of the constitution supervision system as well as the main objects and contents of the constitution supervision and then performs the more detailed analysis and comparison on the constitution supervision system of European and American countries whose constitution supervision systems are more mature, such as common court unconstitutionality examination mechanism that takes the United State as representative, the constitution court unconstitutionality examination mechanism that takes France as representative and the legislature unconstitutionality examination mechanism that takes Britain as representative. Finally the writer summarizes and analyzes in mo details the current conditions of the constitution supervision system of China to further state the writer's viewpoints on establishment and perfection of Chinese constitution supervision system.All study topics and tenets of this paper lie in responding the ceaseless revision and perfection of Chinese constitution, especially producing the active theory and the academic atmosphere that are unprecedented on constitution supervision and constitution jurisdiction. The writer hopes such statement of breaking the ice can arouse the colleagues of the academic community to further launch the enthusiastic discussion on Chinese constitution supervision system to bring the benefits for establishment of Chinese constitution supervision system.
Keywords/Search Tags:Constitution supervision, legal system, system comparison, unconstitutionality examination, recommended countermeasures
PDF Full Text Request
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