An Empirical Study On The Implementation Of Constitution By Local Regulations

Implementation of Constitution by local regulations refers to a way of implementation of Constitution in which local regulations concretise the provisions,principles and spirits of Constitution and integrate them into its normative content.Because different levels of legal norms must maintain mutual integration,so the principle of consistency of law requires that local regulations should implement the Constitution.After the development of the Constitution by the Local Organic Law,the local People’s Congress and its standing committee have the responsibility of implementing the Constitution,and this responsibility also needs to be reflected in the local regulations enacted by them.Based on the existing research of constitutionality control in the legislative process and the program design of proposal and deliberation in the formulation process,it is possible to implement the Constitution by local regulations in both theoretical and institutional levels.In terms of legislative purpose and basis,local regulations implement the Constitution in four forms: "write ’according to the Constitution’ clause in the text","generally invoke the Constitution in the legislative process","explicitly take specific provisions of the Constitution as the basis in the legislative process" and "use specific normative contents of the Constitution in the legislative reasons".There are also problems such as "the content is not specific enough when explicitly quoted" and "there is a phenomenon of ’fact implementation’that lacks subjective meaning".In the process of implementing the Constitution with the specific normative content of local laws and regulations,it interprets and concretizes the general outline,forms the content of basic rights,properly weighs the restrictions of basic rights and designs the guarantee system to promote the realization of basic rights,and appropriately supplements the creative provisions of state institutions while implementing the existing explicit provisions.But there are also some deficiencies,such as "the use of some words is not standardized" and "the lack of complete constitutionality demonstration".Based on the obvious difference of objects,the principle of "legality(examination)takes precedence over constitutionality(examination)" should not be used in the process of local regulations legislation,but the idea of "equal emphasis on constitutionality and legality" should be established.Constitutionality does not constitute an innovative obstacle because there is still a wide legislative space in the framework order stipulated by the Constitution.The four technical norms of "clarifying specific constitutional norms as the legislative purpose and basis","promoting their implementation on the basis of elaborating the contents of the general outline","attaching importance to the constitutionality argumentation concerning basic rights" and "allocating the functions and duties of State organs in accordance with the principle of functional appropriateness" can provide effective guidance for the implementation of the Constitution in local regulations.