A Study On The Judicatory Actualization Of Constitution

Judicatory actualization of constitution includes two aspects:first, judicature censor to law,statute and decision,order of sanction at larger which infracting the constitution;second,on the condition of lacking common law and of people's basic right be infracted, applying constitution criterion to judge. Judicatory actualization of constitution came into being and developed in western country. But in our country, constitution is not applied in the court. Probe into its reason, opinion difference and institution delay are the two primary aspects. To realize the value function that constitution restrict national power and protect attainder, To realize nomocracy of constitution, Judicatory actualization of constitution is needed now. Furthermore, outside conditions,inside conditions and the practice of reform of judicatory make the feasibility. So, we must design actively the institution of judicatory actualization of constitution on the base of converting ideal. Let constitution item have straight force and let tiptop demos court have the power to explain constitution, and write these in the constitution. To offer institution ensure, in the justice practice, we should make the most of justice resource in existence for litigation of constitution and censor of violating the constitution.This paper is divided into five parts. The first part is the summary of judicatory actualization of constitution. In this part, the concept"judicatory actualization of constitution"is discussed, and the writer addresses her own opinoin. The judicatory actualization of constitution contains judicatory investigation and constitutional litigation, and the three main forms of it are constitutional application of constitutional regulations, the investigation of violation of the Constitution and the basis of judicatory judgement. The origin and the development trend of judicatory actualization of constitution in the main captalist countries proves that judicatory actualization of constitution is consequential in history development. The second part is about the inevitability of judicatory actualization of constitution.The writer explains from the basis of legal principle and the inevitability of judicatory actualization of constitution.The third part is about the feasibility of judicatory actualization of constitution,discussing from the internal and external conditions of judicatory actualization of constitution. The external conditions mainly include the perfection of market economic system, the establishment of modern concenp of constitutional government, the formation of the individual's concept of rights and the support of the system that can be operated. The forth part is about the present situation and the obstacles of judicatory actualization of constitution. The obstacles mainly focus on text of the Constitution, the investigation of violation of the Constitution and self- supervision of the Constitution.The fifth part is about some suggestions of judicatory actualization of constitution, both short-term envisaging and long-term tentative plan. The short-term plan is to draw support from the carrying-out of typical cases, while the long-term plan is establishing constitutioanal court to protect rights and using compound pattern to investigate.