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Constitutional Review Of The Law In Special Administration Region

Posted on:2021-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:P W ZhanFull Text:PDF
GTID:2416330626459673Subject:Law
Abstract/Summary:PDF Full Text Request
Since the report of the 19 th CPC National Congress first emphasize d the terms of constitutional review,China's constitutional review system has been continuously developed and improved in recent years.In partic ular,the establishment of the Constitution and Law Committee provides a specific institutional basis for the review of constitutionality.Although the constitutionality review system has not been explicitly proposed before,t here are a large number of review practices in China,though it inevitabl y confused with the legality review.Under the background of constitution al review era,the constitutional review system will be presented in a mo re systematic and clear manner.“one country,two systems” is a great pi oneering work of China,which ensures the stability and prosperity of Ho ng Kong and Macao.Due to the high degree of autonomy,Hong Kong and Macao can enjoy relatively free local legislative,but it does not mea n its power not subject to any restrictions.Article 17 of the Basic Law cl early ensure that the laws enacted by legislature should in line with the spirit and provisions of the Constitution and the basic Law.However,am ong the several record review systems that have been established,the r ecord review system of the laws of the Special Administrative region has not received attention.In particular,how to exercise the overall governa nce of the central government and respect the high degree of autonomy of the Special Administrative region to ensure a country's constitutional order is a very important opportunity for China.At present,the constitutio nal review of the Special Administrative region is not clear in the scope,content,procedure and mechanism of the review,and there are certain t heoretical obstacles and cognitive difficulties in reality.Therefore,it is nec essary to analysis the development path of constitutional review system in Hong Kong and Macao.Combined with the international comparative e xperience and China's conditions,China can optimize the examination m echanism,clarify the scope of examination and standardize the content a nd procedure of examination on the basis of existing laws,coordinate th e differences in the legal system between Hong Kong,Macao and the m ainland with constitutional review,which can build a solid foundation for t he legal integration of Hong Kong,Macao and the mainland,and finally t ransform the separate national constitutional order to an integrated consti tutional order.
Keywords/Search Tags:Law of Special Administration Region, Legal record, Consti tutional review
PDF Full Text Request
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