Lack Of Authority Of Our Constitution And Its Construction

As the core of a country's legal system, the constitution, which is a country's fundamental law, should have the supreme authority that lies not only in form, but also in essence. However, studying of Chinese present constitution, we can get the conclusion that the constitution lacks of authority. In fact, the constitution is short of many necessary establishments of system, moreover, there are many flaws in the legal technology so it can not ensure the total authority in form. What's more because the existence of the superior policy and the superior law, there is not constitution belief in most people's minds. So in the enforcement of the constitution, the essence authority does not exist.Analyzing the reasons of the absence of constitution authority in China, we can get the answers from the economy, ideology, system and the judicial practice. The constitution is the product of the market economy. Without the support of the developed market economy, the constitution authority lacks of the ensurance of its economic foundation. However, the establishment of the constitution authority finally lies in people's constitutional awareness and belief. The weakness of the constitutional awareness and belief can not support the constitution authority. The absence of anti-constitution review and the political party system provides room for the anti-constitution behavior. What's more, the abstention in the judicial practice widens the distance between the constitution authority and the people's life. All these factors destroy the constitution authority. The lack of the constitution authority is reasonable.In the course of the establishment of the constitution authority, we should learn foreign country's experience and meanwhile we should consider our own reality. Firstly, we should establish the anti-constitution review system; improve the system of the constitution amendment to construct the constitution authority in form. Secondly, we should develop the market economy, establish the constitution awareness, and make the constitution sue system to construct the constitution authority in essence. During the course of the construction, the relationship between the leading of the ruling party and the constitution authority is a key factor. Since the formation of the people's constitutional belief is the base of the constitution authority, we should make people establish the correct constitutional belief. Only doing this, can we make the constitution have the supreme authority.