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The United States And France Unconstitutional Censorship And Learn

Posted on:2009-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2206360272457479Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The violation of the constitution examination is refers to by the specific institution basis constitution or the convention, to specific legal either specific State agency or official's behavior whether to violate the constitution the examination. The violation of the constitution examination in an overseas ancient topic, renowned Marbury has sued a Madison document since 1803 to found the violation of the constitution examination beginning, had already experienced more than two century time. The world various continents most countries and the area either early or late have established the violation of the constitution review mechanism. It can be said that the violation of the constitution examination is various countries constitutional government practice experience summary.Various countries violation of the constitution examination pattern may divide into two broad headings on the whole: One kind is taking the US as representative by the Common court responsible violation of the constitution examination; another kind is France for representative's Special organ responsible violation of the constitution examination. This article carries on the comparative analysis emphatically to the world model violation of the constitution examination pattern, hope that in summarizes and profits from the foreign advanced pattern in the beneficial empirical base to base our country national condition, the construction has the Chinese characteristic violation of the constitution review mechanism.The violation of the constitution examines this topic is any must establish the government by law, the constitutional government, democratic community's national unavoidable question. It is a pity, our country not only does not have the establishment to accept responsibly specifically until now with examines the violation of the constitution case's Specialized agency, also does not have the formulation concrete violation of the constitution examination special procedure. Managers state affairs according to law, the establishment socialism country under the rule of law to write down the constitution. Manages state affairs according to law the core is according to the constitution governing, handles matters legally must first depend on the constitution management. In order to change the present situation which the constitution the maximum potency carries out without knowing where to begin, must establish and consummate the corresponding violation of the constitution review mechanism, establishes the special violation of the constitution examination institution to set up the constitution authority, safeguards the rights of citizens, defends politics and the social stability has the special significance.
Keywords/Search Tags:Violation of the constitution examination, The constitution is supreme, Constitutional government, Compared with model, China constructs
PDF Full Text Request
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