Discussion On The System Of The European Constitutional Review

Judicial review of EU has been the most distinctive judicial system since the 20th century. Judicial review comprises judicial review of action which contravenes EU treaties. Being the base of the other laws, they are "constitution" of EU, so it can be named as "constitutional review" of EU.Constitutional review of EU is a unique system. Firstly, constitutional review of EU has distinctive character of EU. Secondly, the system is influenced by judicial system of common law legal family, and it involves characters of judicial system of civil law family and common law legal family. Thirdly, the court of justice will continue to reform, and the Draft Treaty establishing a Constitution for Europe hasn't been validated formally, so the current constitutional review of EU is of transitional character.The constitution review of EU brings us new suggestion. In the current constitutional system, China should establish independent and unitary system of constitutional court which possesses political and judicial character.