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Types Of Interpretation Of The Constitution

Posted on:2011-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y C WangFull Text:PDF
GTID:2166360305481317Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In general, the study of the interpretation of the Constitution is still in a very weak passive situation, which can not meet the construction of China's legal system and constitutional development. My interpretation of the Constitution of the theoretical innovation and system building not only with the great gap between the Western constitutional state, but also with Hong Kong, Macao and Taiwan region, the general legal interpretation of the study, compared the situation, there are large deficiencies and inadequacies. In other countries, constitutional interpretation system in the United States since 1803 has generated more than 200 years of history, constitutional democracy all over the world are successively set up the conditions appropriate to their system of constitutional interpretation. Therefore, regardless of their legal, or time, have gradually formed a relatively complete system. In the States, who will exercise the constitutional right to interpret given the reality that there is a difference. Study different interpretation of the Constitution and the interpretation of the Constitution of the main entities and closely linked to the constitutional system, and so on, can give us the different forms of interpretation of the Constitution of the main to have a comprehensive understanding and awareness on this basis, due to the differences in interpretation of the Constitution of the main interpretation of the Constitution by the formation of structure has the characteristics analysis of various constitutional interpretation system, the advantages of and disadvantages. It goes without saying, the Western constitutional interpretation of the Constitution in the developed countries in the advanced experience of our interpretation of the Constitution have a good sound system, the guiding role and the reference value.This paper is divided into four parts, the first is the interpretation of the Constitution in some countries in the world today the main body of the historical research, to study the interpretation of the Constitution of the main model is how to generate and continuous improvement of all countries is how to combine its own national conditions of the interpretation of the Constitution to make a useful system explore, in order to find the best suited to their national constitutional system, mode of constitutional interpretation. The second part is the interpretation of the Constitution of the main types of specific description and analysis, from a global perspective, nowadays the main interpretation of the Constitution of the main pattern is divided into the legislature to interpret mode, the ordinary courts to explain patterns and explain the model of three types of specialized agencies , the author respectively from the viewpoint of theory and practice, analysis and presentation, and comparative analysis of their respective characteristics. The third part is the constitutional interpretation of the various models has shown the characteristics of general and summary to compare between the main types of models to explain the procedures and interpretation of the same aspects and differences. The fourth part is the system in our country's current interpretation of the Constitution the development of its institutional shortcomings and deficiencies to reflect on, and based on our particular circumstances, based on the interpretation of the Constitution to draw upon the advanced experience of the system to re-consider and build Our system of constitutional interpretation.The development of Constitutional practice is based on the explain of the Constitution. Constitution should be widely recognized by the social community and consensus, and the State and the people to follow and implementation of truly safeguard the highest authority and the status of the highest legal effect, it must provide an interpretation of the Constitution authorities to explain the Constitution. In short, regardless of a country's interpretation of the Constitution in what form the system, the Constitution vested the power of interpretation must be attention.
Keywords/Search Tags:Constitutional Interpretation, the Main Mode of Constitutional Interpretation, Judicial Review, Constitutional Litigation
PDF Full Text Request
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