A Study On The Basic Relationship Between Constitutional Authority And Judicial Authority

In the era of the change of social transformation. the social order of risk of anomie is on the edge.There is a paradoxical situation that people are keen on.good governance of the social environment.That is to say. people expect the society order to be formed by law urgently. As is known to all, authority is the inner support of order. Adherence to the constitutionalism of modem political civilization is characterized by its type formed by legal authority to support social order and adjust social relations.Obviously, the authority of the constitution and the judicial authority is formed by the constitutional system, then the legal authority is necessary nature of them. In other words, the constitution authority and the judicial authority are the components of legal authority. As the constitutional government.market economy is other important choice to human, the economic model in system level need universal consensus of people and effective maintenance of power in order.Constitution set up the principle of people’s political, economic, and social life of the overall style.It is the basis of all system.So, it must include market economic system.For an inevitable demand of the market economy, constitutional authority make this kind of economic model become a universal recognition.And, in specific aspects of the social relations adjustment and the maintain social order of the market economy need the intermediary function of arbitration power holders appear in these places. Obviously, this would require the judiciary place oneself among them to use the judicial power to maintain the basic order of market economy, so it will need judicial authority constitute the inner support of this order. We can see that the inevitable demand of market economy creates the constitution authority and judicial authority, constitutes the economic basis of the two generation in objective. To confirmed authority usually show the inherent identity and outer tavern-musick, it fully melt in culture, and express by the cultural integrity. The rule of law is constitutional governance, the culture of rule by law is inevitable as the main part of social culture.So, the constitution authority and judicial authority must correspondingly melt in the culture of rule by law, and express by it.In other words, the constitution authority and judicial authority ought to be content of the culture of rule by law. All in all, the constitution authority and judicial authority has close mutuality of correlation.So, there may exist interactive correlation between constitution authority and judicial authority. Through the analysis of the intercommunity correlation between constitutional authority and judicial authority, we can find that as the fundamental authority. constitutional authority is the solid foundation of judicial authority. Although constitutional authority ought to be in fundamental position, and have the highest authority,However, it is not mean that it will not degenerate.The judges use constitutional lawsuit and constitutional censorship to confirm the judicial authority. Furthermore, the judges use them to maintain the constitutional status, defend the constitution of the value, and strengthen the constitution authority. So, we can confirm that constitutional authority and judicial authority are not only exist intercommunity, but interactive relationship.