2006Unpublished venueRequires access

Constitutional Judicature and Judicial Constitutionalism

Xie Jin-jie

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Abstract

In the law-ruled countries in pursuit of constitutionalism,there is a vital relationship between constitutional judicature and judicial constitutionalism.The former concerns the constitutional character of judicature and focuses on the perspective of constitutionalism in the administration of justice and judicial reform.while the latter advocates the judicial way of constitutional construction,and emphasizes the constitutional function of judicature and the meaning of judicial reform to constitutional construction.In the process of constitutional construction and judicial reform in China,we should devote ourselves to the establishment of constitutional judicature and the judicial reviewing system,imbue the constitution procedures with the rational quality o and correctly handle the relationship between judicial reform and constitutional reform.

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In the law-ruled countries in pursuit of constitutionalism,there is a vital relationship between constitutional judicature and judicial constitutionalism.The former concerns the constitutional character of judicature and focuses on the perspective of constitutionalism in the administration of justice and judicial reform.while the latter advocates the judicial way of constitutional construction,and emphasizes the constitutional function of judicature and the meaning of judicial reform to constitutional construction.In the process of constitutional construction and judicial reform in China,we should devote ourselves to the establishment of constitutional judicature and the judicial reviewing system,imbue the constitution procedures with the rational quality o and correctly handle the relationship between judicial reform and constitutional reform.

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Available abstract

In the law-ruled countries in pursuit of constitutionalism,there is a vital relationship between constitutional judicature and judicial constitutionalism.The former concerns the constitutional character of judicature and focuses on the perspective of constitutionalism in the administration of justice and judicial reform.while the latter advocates the judicial way of constitutional construction,and emphasizes the constitutional function of judicature and the meaning of judicial reform to constitutional construction.In the process of constitutional construction and judicial reform in China,we should devote ourselves to the establishment of constitutional judicature and the judicial reviewing system,imbue the constitution procedures with the rational quality o and correctly handle the relationship between judicial reform and constitutional reform.

Key concepts: Constitutionalism, Constitution, Constitutional economics, Political science, Law, Judicial activism, Judicial review, Economic Justice

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