The Comparative Study Of American And French Constitutional Review

Constitutional review has been proved as one kind of judgment. The institution established by its own country and then it judge the legislative, law enforcement departments or political activities for their constitutionality on the basis of the constitution or constitutional law. Since1803the famous case of Marbury v. Madison, most of the countries are using the system for reference. It is proved to be an excellent system and inevitable to the country under the rule of law.American and other countries’experience indicates that constitutional review may not appear in the constructional text, but it is the most powerful safeguard for the practice of constitutional government and the realization of the constitutional spirit. Constitutional review is also a kind of judgment based on the law, one of the connotation of the judicial power or judicial attribute, thus to achieve the ultimate purpose of the separation of powers, and supervision of the constitutionalism. Compared with the system in our country, the game between French constitutional review and the public will theory can be found the ultimate goal of constitutional review system is the guarantee of citizens’ rights. Therefore, the constitutional review is not only violated people’s congress system, we also have a chance to implement Chinese characteristics constitutional review under the leadership of the ruling party.This paper presents the establishment of constitutional review system in America and France and it can be seen that the establishment of constitutional review system is a long-term and tortuous process. This is also the situation that our country facing. By comparing and thinking, the author tries to find a way to promote the establishment of the constitutional review system in our country. The start of rule by law is ruling the country by constitution. It is very important for our country to complete legal system for guarantee citizens’ rights, maintaining the social stability and the rapid development of economic and social.