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Research On The Scope Of The Constitutional Lawsuit

Posted on:2007-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaoFull Text:PDF
GTID:2166360242462810Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The system of the constitutional lawsuit follows with the establishment of the character in the latter-day. It can promote the government to abide by the law, reform the structure of the government and protect the people's basic rights. Today we should establish this system in china, which is a chance for our constitutional government.The constitutional lawsuit is a constitutional action, which is presided by the court to solve the conflicts in the social by the law procedure. The system of the constitutional lawsuit is typical in USA and Germany, and the system is good in Japan and Korea. The scope of the constitutional lawsuit is getting broaden and codification today. The constitutional lawsuit based on the constitutional exercises, the local history and the local culture.To demarcate the scope of the constitutional lawsuit, we should abide by the principles of the concrete case, the last relief and the political question doctrine. To demarcate the scope of the constitutional lawsuit, we should take into account the relations, the parties, the contents and the objects of the law procedure. We should broaden the scope of the administrative action by the constitutional principle. We should award the jurisdiction to the courts to resolve the constitutional conflicts in the people. To establish the system of the constitutional lawsuit in china, we should permit citizens to prosecute the government by constitutional law and support the parliament to have the power of judicial review.To realize the dream from the constitutional lawsuit to the constitutionalism, we must do our endeavor to exercise the constitutional lawsuit, accumulate the political experience, consummate the law system and etc.
Keywords/Search Tags:constitutional law, constitutional lawsuit, judicial review
PDF Full Text Request
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