Constitutional Justice Discourse Paradigm Shift

The treaties is rethinking about the discussing example form of the constitution judicature what one says normal form. In the discussion of constitution judicatureization, "Great discussing example" neglects dominant discussion authority of the constitution itself in this the discussion process, and we just based on political party policy and western country classics theory. The author is not against the positive meaning of using to demonstrate it, the policy of political party and the western classics theory in debating the constitution judicaturization. But not agree that we just discuss it purely through the said two ways, because this kind of taking example form neglects the constitution itself and causes the constitution not to acquire the dominant authority in this discussion. Thus the most the highest authoritativeness of constitution does not show, but which is this exactly is against the aim of establishment of the highest authoritative of constitution in the constitution judicature. Hence, the writer attempts to propose "Constitution interpretation normal example", which emphasizes dominant position of constitution in country and the social life , and the demands constitution judicatureization discussion to return to constitution itself and treats constitution seriously. By interoperating constitution, and looking for the foundation through the constitution, we can establishs constitutional authoritative-emeses in the actual operation. The writer talks about "Constitution interpretation example form" ,but he does not oppose party-policy and western classics theory application. On the contrary, the writer stands for to utilize of them to demonstrate constitution judicatureization. Such discussion normal form is scientific, rational and authoritative quality of constitution can be established. The treaties consists of three parts.First part, the introdution "Great discussion normal form ", distinguishing feature of this kind of normal form is from political party policy and the western theory view demonstrate constitution judicatureization. But the constitution itself lacks in the discussion. Such does not show the highest authoritativeness of constitution in this kind of discussion normal form. The writer has analysisedwestern classics theory and policy of the party and denmonstrated the limitation of "Great discussion normal form" . The writer points out that this kind of normal form does not show dominant authority of constitution in this discussions, The constitution does not obtain the proper high opinion , Authoritative quality of constitution does not manifest show.Second part introduction of "Constitution interpretation normal form " proposed by author. This kind of normal form is thinking that the constitution has to be expounded so as to become a living statue and to hold its authoritative quality; Besides, "Constitution interpretation normal form " emphasizes to respect the existing constitution. Whatever political reform and the statue changes wholly have to come to law(constitution) for grounds. By interpretating Constitution, the reason for legaling can be found. Surely, "Constitution interpretation normal form " does not reject political party policy and the western classics theory, it holds that the dominant authority of the constitution should seized and the policy of political party and the classics theory can play a more important role below this prerequisite. This part consists of four sections, first section scketches"Constitution interpretation normal form "; Second analysis five distinguishings feature of "Constitution interpretation normal form " : first, "Constitution interpretation normal form" Emphasizes the statue language application ; Second,"Constitution interpretation normal form " Emphasizes respect for the constitution; third, "Constitution interpretation normal form " Emphasize utilizing the enduring authoritativeness of the constitution when expounded defending it; the 4th, "Constitution interpretation normal form "Emphasize that the constitution interpretation has to follow the specified regulation to avoid the arbitraners of the constitution interpretation hold its authority. The 5th , "Constitution interpretation normal form " has opener, emphasizing to sufficiently bring the force of political party policy and the west classic theory into constitution. The third section on analysizes the importance of obeying the law to our life. 4th section of analysis the significance of constitution interpretation. Surely, the author emphasizes that the constitution interpretation does not reject the mending constitution absolutely. When the constitution interpretation can not adapt to change of the community,wehave to employ means of mending it to promote the constitution reform.Third part proposes the method of transmission of discussion. The writer proposes three methods : first^mplementing the dominance of statue man ? The writer thinks that the constitution interpretation must depend on the elements of man, the realization on "Statue interpretation normal form " mainly rests on training and dominance of statue man; Second, breeing of skill of statue interpretation. The writer thinks the increase of the skill can supply technique to support for normal form. Third, strengthening statue independence. The writer thinks strengthening statue independence can make our discussion dominance return law, the discussion on normal form achieved the transition and authoritativeness of statue obtain realization .At the last part, The writer points out the difficulty of transimition of discussion. Yet, for the sake of genuinely achievely authoritativeness of constitution, We have to carry on transform of discussion*...