Analysis On Political Roles Of The Constitutional Court Of Central And Eastern European States

Most countries in the world established unconstitutional reviewing system.As an unconstitutional review system,constitutional court system began in Austria,and then extended to Germany,Spain,Italy and Central and Eastern European countries.In essence,the constitutional court enforces independent judicial review,by which judging constitutionality of ruling legislation and policies of administrative organs.The basic purpose for setting up constitutional court is to fight against majority tyranny,protect the rights of minority is not being trampled,deprived or damaged by the majority,consolidate and develop democracy,maintain good constitutional order.In the late 80 s and early 90 s,Socialism collapsed in Central and Eastern European States and overall political and democratic transition followed,the establishment of constitutional court is one of aspects of transition.Based on literature research,this thesis comprehensively introduces the structure and characteristics of the comprehensive introduction of Central and Eastern European countries' constitutional courts,characteristics of this system,comparatively analyze the similarities and differences of constitutional courts between Central and Eastern Europe States and Western European countries,this thesis further analysis on the constitutional court's important role in political life through detailed cases in five aspects: maintaining national stability,safeguarding human rights,promoting democracy,mediating political conflict,Judging divergences on historical events and supporting to joining the European Union,Enrich the interpretation and analysis of the political roles of the Constitutional Court.The limitations and the future development trend of Central and Eastern Europe's constitutional court has also been researched in this paper,from a historical perspective,the political roles of Central and Eastern Europe's constitutional courts is stronger,for the political system of Central and Eastern European States which are lying in the transformation period is not stable and mature,so they urgently need the constitutional court to respond to major political life,and to provide security.There are also some limitations of Central and Eastern Europe's constitutional court manifested in the process of unconstitutional reviewing.It is better for Central and Eastern European States to further normalize the procedure and mode of operation later,needing to establish error correction mechanism,to prevent the politicization of the constitutional court;maintain independence and impartiality firmly,play the functions of the guarantee of the democratic constitutional court,and to cultivate and strengthen citizens' consciousness and conception rule of law.As the political system and legal system has been perfected gradually,the political roles of the constitutional court in Central and Eastern Europe States will be further weaken and narrowed,gradually return to the constitutional court judicial function itself,namely enforce the unconstitutional reviewing.This thesis also makes correlation analysis on constitutionality of the system of constitutional court system in Central and Eastern European States and Constitutionality reviewing of China.At present,in the process of promoting the rule of law in our country and governing the country by constitution,it can be modest to learn from the successful experiences of constitutional court system in Central and Eastern Europe,further strengthen the leading role of the constitution,accelerate the constitutionality of censorship top-lever design,perfect the system constitutional supervision,and effectively promote the further development of the rule of law,rule by constitution.