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On The Construction Of Local Multiple Filtering Mechanism Of Constitutional Review

Posted on:2021-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:M Q DuanFull Text:PDF
GTID:2416330602977141Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Since the "Legal Committee of the National People’s Congress" was renamed by "Constitution and Law Committee of the National People’s Congress",advancing constitutional review and maintaining the authority of the Constitution have become the most important concerns of constitutional scholars.However,there are relatively few special studies on local practice on constitutional review.From a practical perspective,"sinking" constitutional review may have a good review effect.This article is divided into four parts:The first part introduces the relationship between legality review and constitutionality review.The two aspects are not equivalent but inseparable.On the one hand,They are different in the basis of review,scope of review,review function and the effectiveness of the review results.On the other hand,the legality review is a prerequisite for constitutional review,and it plays a fundamental safeguard role.The second part describes the current situation.There are many problems in the process of constitutional review in the operation of local practice,which are manifested in the local legislation suspected of conflicting with higher law,prominent local protectionism,inaction of local legislative departments,lack of accountability mechanisms,and blocked channels in local level relief systems.The third part proposes to strengthen the constitutional review power of local people’s congresses at all levels and their standing committees.It plays the role linking the preceding and the following,and the roles of "decision leader" and"regulatory implementation supervisor" of local people’s congresses are better to accurately reflect the legitimacy of democracy,we must give full play to the enthusiasm and initiative of local state organs,and form a joint effort to keep the local and central authorities in resonance at the same frequency.The fourth part contemplates to put constitutional review of local practice into substantive level,by establishing a multi-dimensional filtering mechanism and local regulatory review committees,strengthening the responsibility of legislative oversight bodies,promoting the disclosure of local legislative information,and reshaping the public’s belief in the rule of law.The legislative work will extend the work to all corners of the grass-roots level in order to achieve true democracy,maintain the unification of China’s legal system,and comprehensively promoting the overall goal of governing the country by law.
Keywords/Search Tags:Constitutional review, Legitimacy review, Local practice, People’s congress supervision, Multiple filtering mechanisms
PDF Full Text Request
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