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A Political Analysis Of My Country's Current Constitutional Review System

Posted on:2022-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiFull Text:PDF
GTID:2516306479982569Subject:Political Theory
Abstract/Summary:PDF Full Text Request
After the report of the 19th National Congress in 2017,the comprehensive promotion of constitutionality review has been formally incorporated into the fast track of the modernization system of the national system and the construction of the rule of law system,while before that,the constitutionality review system has undergone a series of difficult and tortuous explorations,and through continuous accumulation,it has gone through different development attempts and stages of development such as constitutional supervision,constitutional judicialization,judicial review,and filing review,etc.Under the new stage,the constitutionality review system has basically formed a hybrid vertical review model with Chinese characteristics led by the NPC and its Standing Committee from the central to the local level.However,it is worth noting that after the establishment of the basic system,there is still a need for hardware and software to help it operate effectively,and this is the most urgent problem of the constitutionality review system in the new era.However,at present,academics mostly elaborate on the legal aspect,while it is also necessary to analyze it in terms of its political function.This article will be divided into three main parts,starting from the basic concepts and theoretical foundation of constitutional review retroactively,addressing the basic concepts of constitutional review and the construction of the theoretical framework;secondly,by describing the three different existing models of constitutional review in the world,comparing them,analyzing the advantages and disadvantages and development trends,and combining them with the existing constitutional framework in China,extracting experiences that can help localize our model.Moreover,by describing three different constitutional review models in the world,understanding their developing trends through analyzing their strengths and weaknesses,and taking into account China's existing constitutional framework,we can distill experiences that can help localize our model and learn from them.
Keywords/Search Tags:Constitutionality review, Commission for Constitution and Jurisdiction, Law-based governance, Chinese characteristics
PDF Full Text Request
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