Comparison Of Constitutional Review System In France And Germany

Constitution is the highest law in the national legal system,showing the allocation of various rights and obligations to the state and society,which embodies the spirit of the rule of law and constitutional order is the essence.However,if the constitution is not practically implemented or observed,then it is only a few records of good programs and rules of the rules of paper.Therefore,the legislature to develop legal and other legal documents is particularly important,by the law to refine the provisions of the Constitution to help the implementation of the Constitution.In order to ensure that the constitution can be effectively implemented,the unconstitutional review system has a very important existence value.The purpose of the unconstitutional review system is to better protect the rights conferred on the citizens by controlling the power of state organs.The theoretical basis of the unconstitutional review system is derived from constitutional supremacy and decentralization,and the functions of unconstitutional review are exercised in the form of unconstitutional review bodies.At present,the vast majority of countries have established a constitutional review system to protect the implementation of the Constitution.Especially in Germany and France,the most representative of the unconstitutional review system,the two countries of the unconstitutional review system from the early but only a form by the rulers to consolidate their own rule of the body,after a long period of political change,the concept of innovation,Into the present form,contrast shows that the establishment of the two countries unconstitutional review system also has a similar place,twists and turns,but branded the characteristics of their respective countries.The idea of this paper is to analyze the establishment of the current constitutionality review system between the two countries on the basis of the history of the unconstitutional review system of the two countries and the major events.In the early days,under the influence of the bourgeois ideology and the parliamentary supremacy,the decisions made by the parliament,the enactment of the law to enjoy absolute authority,but the result is the result of national and social instability.In this context,the two countries after a hundred years of attempts and practice,the German enacted in 1948,"Basic Law" began to establish a constitutional court,the theoretical basis of the Austrian jurist Kelsen's normative law;France is In 1958 the fifth republic began to establish the Constitutional Council,the theoretical basis is mainly Montesquieu's theory of separation of powers and Rousseau's theory of people's sovereignty.These two organs have created a new chapter in the review of the constitutionality of the two countries.The two organs provide adequate remedies for violations of civil liberties and help the legislature to better develop the law and exercise the power conferred by the Constitution.But Germany and France the current constitutional review system is not very perfect.In contrast,the status quo of China's unconstitutional review,due to the late start,no pre-full practice,so there is not enough examples for reference,combined with thousands of years of Chinese society under the feudal rule and the Cultural Revolution on the destruction of the national system,people's thinking More with a traditional concept,if our unconstitutional review system does not have a people's foundation,the people's participation will not be high,which for the establishment of the review system is also unfavorable,Therefore,this paper analyzes the background and course of the development of the unconstitutional review system in Germany and France,draws useful experience and theory,and summarizes the useful experiences of the two countries in China under the current situation of China's unconstitutional review system,While doing their own research results for China to improve the constitutional review of a model of force.