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My Legislation Unconstitutional

Posted on:2008-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:S Z ShuFull Text:PDF
GTID:2206360215950719Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The concept of legislation of violation of the constitution appeared with that the most status of the constitution was established. It is the legislation of violation of the constitution that the legislation is inconsistent with the content,spirit and principle of the constitution and the law which is higher in procedure and content. The legislation of violation of the constitution will be amended, repealed or be declared invalidation by power department after examination. The theory foundations of the examination of the legislation of violation of the constitution are the theory of constitution paramountcy and the theory of rule by law.The legislation of violation of the constitution violates the original intention of legislation .it is not only the challenge to the constitution authority but also the menace to people's right. Our country has constituted some correlative law about examination of legislation of violation of the constitution .but it still exists. There are many reasons. Some are the bugs of law system. Some are the influents of culture tradition.For a perfect examination system of legislation of violation of the constitution, I made a research in sort and standard of legislation of violation of the constitution examination. I remark on the examination system of legislation of violation of the constitution.First, at the beginning of article, according to the concept of the legislation and the concept of the violation of the constitution, I educe the concept of the legislation of violation of the constitution. And then, I expatiate on the theory foundations of legislation of violation of the constitution examination, deepen the theory meaning of researching on legislation of violation of the constitution.Second, the article is based on the situation of our country, the article analyses the reason and the danger of legislation of violation of the constitution. These analyses illuminate the realism meaning to examine the legislation of violation of the constitution and settle the foundation to perfect the examination system of legislation of violation of the constitution in the back of article.Third, in sort, article class the legislation of violation of the constitution to three, including violate constitution directly and violate constitution indirectly, violate constitution in procedure and violate constitution in substantiality, violate constitution in text and violate constitution in essential. In this part, I use many case to illuminate the character of all kinds of the legislation of violation of the constitution.Furthermore, according to the different gist of examination of the legislation of violation of the constitution, article analyzes the standard of the examination of legislation of violation of the constitution, which include standard of text,standard of essential and standard of procedure. Different standard has different significant to the examination of legislation of violation of the constitution. Defining the standard of the examination of legislation of violation of the constitution can make a condition for standard of the examination of legislation of violation of the constitution. Finally, in examination system of legislation of violation of the constitution, 1 summarize the development course of legislation of violation of the constitution examination in our country. 1 analyze the bugs of examination system of the legislation of violation of the constitution. Aiming at these bugs and actuality in our country, I perfect the examination system of the legislation of violation of the constitution.
Keywords/Search Tags:constitution, legislation of violation of constitution, the examination of legislation of violation of the constitution
PDF Full Text Request
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