Judicial Power And The Solution Of The Constitutionalism Crisis

The 21st century is a new era of democracy and rule by law, and the implementation of constitutionalism is an inevitable requirement for development of democracy and the rule by law. Countries have different modes of constitutionalism construction for different national conditions, but the constitutionalism construction will have certain rule. Exploring the rule of constitutionalism construction , especially the normal way to deal with a constitutionalism crisis when facing the crisis, is contribute to the smooth of the constitutionalism construction. Since the 21st century , more and more countries use judicial power to solve constitutionalism crisis peacefully when facing constitutionalism crisis. Due to various internal or external factors, judicial power become an important force to mediate the contradictions between powers and to solve the constitutionalism conflict. Using a combination of theoretical and empirical way, this thesis focus on the solution for a constitutionalism crisis by judicial ways,including why can judicial power solve a constitutionalism crisis and judicial power to solve constitutionalism crisis in the pros. We hope the academics will pay more attention to the role of judicial power in the constitutionalism crisis.In addition to the introduction and conclusion, the text is divided into four parts.The first part is "the constitutionalism crisis and its solution." It mainly introduces the concept of constitutionalism, crisis and constitutionalism crisis. And it also explains several solutions to the constitutionalism crisis. The mean of constitutionalism crisis have broad and narrow senses. There are ways to solve a constitutionalism crisis as follows : the judicial solution, a initiative compromise between conflict masters, political parties control powers in turn , referendum and the military coup.The second part is "the necessity and conditions of judicial power solving a constitutionalism crisis," this part mainly analyses the history and connotation of the judicial power. Meanwhile, it researches the need for intervening in a constitutionalism crisis by the judicial power, and the conditions that the judicial power must have when solving a constitutionalism crisis .The third part is "An Empirical Analysis on the judicial power to solve a constitutionalism crisis, "it mainly introduces the constitutionalism crisis taking place in the United States, Ukraine, Korea and Thailand. And also it analyses the role of judicial power in these four countries' constitutionalism crisis.The final part is "to assess the function of judicial power on solving a constitutionalism crisis." This thesis holds that the judicial power play a positive role in solving a constitutionalism crisis. Meanwhile, the judicial power to solve constitutionalism crisis have some risks.The conclusion part of this article expressed the author's view that the judicial power solving constitutionalism crisis in the framework of a system, as a peaceful solution to the constitutionalism crisis, is worthy of recognition, but sound constitutionalism system and the relative maturity of constitutionalism culture is particularly important. Otherwise, there has no space for judicial power intervening in a constitutionalism crisis.