Judicialization Of Constitutional Review

The propostion of Judicialization of constitutional review, have various concepts though, are researched broadly in Chinese constitutional academia in recent years. Judicialization of constitutional review means that every aspects of constitutional review tend to got feature and state of judiciary, which include the judicialization of the organ of constitutional review. There are two model of judicialization of constitutional review in global history of constitutionalism. One is U.S. style that reviewed by court, another is Europe style that reviewed by special organ. Each has pros and cons. However, in respect that the system of legislature review lacks efficiency, constitutional review is bound to judicialization. In China, due to the bondage from traditional political theory and system, the theoretical misunderstanding and the lack of normative feature in Constitution are stand in the way of judicialization of constitutional review. We ought to clear off the limitation in theory and system, to comply the principle of gradual, economy and efficiency, to take accumulation of experience into account and to develop gradually all elements of constitutional review system in China into judicialization. As a result, Constitution would be a real and live constitution in China.