Review Of Constitutionality Practice Of The Issue

This text is proceeded from the case which is passed by Heilongjiang people’s Congress and called "ordinance",summarizing three focused problems involved in this case which are the related problems about the subject of constitutional interpretation,the methods of constitutional interpretation and the building of the judicial review system. The three have close logical relations:Because in our present legal provisions, Heilongjiang people’s Congress does not have the constitutional interpretation subject status,the behavior that Heilongjiang people’s Congress does exceed the authority.But in. practice there is a diversity of constitutional interpretation body,thus when apply the constitution,the subject must encounter this matter.The practice that National People’s Congress only enjoy the right that constitutional interpretation did’t make good effect.The first focus suggest National People’s Congress grants Heilongjiang People’s Congress the right that explain the constitution,while regulates National People’s Congress only enjoy the the right of final explanation.The practice that suggest National People’s Congress grants Heilongjiang people’s Congress the right that explain the constitution seems a little hazardous.Due to geographical differences, there is a gap among them.Heilongjiang people’s Congress should follow the rules to explain the constitution.The rules should take account of the meaning of the constitution and the goal of the constitution,otherwise,Heilongjiang people’s Congress will be investigated the unconstitutional acts.Taking account of the practice and our national’s condition, we should make a distinctive comparison of the foreign but typical Unconstitutional censorship, that The National People’s Congress and its standing committee should set up the constitutional court before authorizing the interpretation of constitution to the local People’s Congress and other organs. There are two different ways to put forward the review of the constitution:on one hand,if the authorized organ is being suspected of violating the interpretation of constitution, The constitutional court should carry on the examination of constitution-breaching.On the other hand,related citizen and group can put forward the unconstitutional reviewing.In order to construct the system that the review of constitutionality,this essay discusses the subject and ways of the interpretation of the constitution.In my opinion, a seriously judicial review system should Experienced a tortuous process.