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The Interpretation Of The Constitution The Main Theory

Posted on:2008-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:L L ZhouFull Text:PDF
GTID:2206360215954749Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Constitution is a fundamental law of the state. It stipulates the most important questions. The constitution has the highest legal effect and authority. It is the foundation and basis of the other laws. Every one in the country should obey the constitution. Constitutional interpretation may not only explain the meaning and the principle of the constitution, but also it may adjust and adapt the state power system and safeguard the citizen basic rights. Besides, constitutional interpretation is helpful to perfect constitutional surveillance and establish the mechanism of preventing the violation of the constitution. If we want to construct the subject system of constitutional interpretation, we should take setting up the constitution authority, the establishment of political civilization, the realization socialist democracy as the value goals. Simultaneously we also must follow some basic principles. This article talks about the subject system of constitutional interpretation of the four constitutions of our country and analyses the subject system of constitutional interpretation of foreign country. Then we draw the conclusion that the construction of a status aloof, highly independent constitutional court, which has high authority, is the best choice of maintaining the constitutional order and safeguarding the citizen basic rights. This article embarks from the reality and talks that how and why we should construct the system of constitutional court in China.
Keywords/Search Tags:constitutional interpretation, subject, theory, constitutional court
PDF Full Text Request
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