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Comparison And Trend Of Constitutional Review System

Posted on:2017-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:C Z ZhangFull Text:PDF
GTID:2206330488955002Subject:Law
Abstract/Summary:PDF Full Text Request
The core of ruling the country according to the constitution, the constitution is the fundamental law, is the basic and important law for the legal system. As the basic law, the effective implementation of the constitution will naturally become an important symbol to measure a country’s level of constitutionalism. In order to ensure the effective implementation of the constitution, there must be a set of effective and perfect the system of constitutional supervision. The system of constitutional supervision, judicial review system is the most important for the constitutional supervision system recognized. The review of constitutionality, refers to guarantee the implementation of the constitution, laws and regulations and legal documents, and examine the behavior of all state organs, organizations and citizens, and make a decision on its constitutionality. The judicial review system for the protection of the basic rights of citizens, safeguarding national unity, promote has very important significance to effective operation regime.Therefore, this paper takes the unconstitutional review system and to the topic, through in-depth analysis of unconstitutional review system of value and the extraterritorial of unconstitutional review system of practice, thus put forward the constructs our country constitutional review system scheme is reasonable. Therefore, this paper start from the following five parts: the first part is the introduction, this part introduces the background, significance and method of the research, analyzes the research situation about the problem at home and abroad. The second part is an overview of the constitutional review system, analyzes the concept and characteristics of constitutional review system, the author discusses the construction of constitutional review system of constitutional significance. The third part is the review of the system of unconstitutional review and draw lessons from the foreign countries, the system of the unconstitutional review of the provisions of the full study, so as to provide a reasonable reference for our direction. The fourth part analyzes the necessity and feasibility of the introduction of the system of constitutional review in China. The last part is our country construct the unconstitutional review system, the path, including promoting dangerous censorship legislation, unconstitutional review system applicable to the specific circumstances and procedures and unconstitutional censorship restrictions to apply three, eventually come to the conclusion.
Keywords/Search Tags:constitutional review, constitutional supervision, legislative model, the mode of the general court, the mode of special organ
PDF Full Text Request
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