The Study of the Trend in Establishing Law Authority of Constitution in China
Date Issued
2009
Date
2009
Author(s)
Chiang, I-Jung
Abstract
The purpose of this master thesis is to find out that why the supreme legal authority of Constitution cannot be established and implemented in China? In order to discuss the process of establishing the supreme legal authority of Constitution, we will observe three related parts of Constitution, including the historical development of Constitution, the supervision and interpretation of Constitution of National People’s Congress, and judicial application of Constitution. And we will conclude that the possible direction of judicial application (judicial review and judicial application of Constitution) in China in the future.rom the first constitution had been promulgated, there were three Constitution sequentially had been enforced, but the supreme legal value and spirit of Constitution cannot be implemented. There are many problems such as Mao Zedong’s perspective on Constitution, the supervision and interpretation of Constitution of National People’s Congress don’t exercise their function well, and the People’s courts have no right to invoke Constitution to general case and review unconstitutional laws, all these problems result in the inactive of Constitution.e will discuss all the problems of implementation of Constitution. Besides, we will discuss some important cases which create possibility of judicial application of Constitution and reveal the importance of human’s constitutional rights. Then we can integrate all aspects discussed above and observe a trend in establishing the supreme legal authority of Constitution in China.
Subjects
constitutional review
judicial application of Constitution
NPC’s supervision of Constitution
NPC’s interpretation of Constitution
judicial interpretation of the Supreme People’s Court
the principle of democratic centralism
Type
thesis
File(s)![Thumbnail Image]()
Loading...
Name
ntu-98-R95341027-1.pdf
Size
23.53 KB
Format
Adobe PDF
Checksum
(MD5):a397809b6b2623657b4cb37cb93542fb