2004Unpublished venueRequires access

The Functions, Principles of Constitutional Interpretation & Its Prospect in China

Miao Lian-yin

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Abstract

Constitutional interpretation, as a kind of practical intelligence, is the only way to the realization of the ideal of constitutionalism. Its key function lies in the application of constitution, whereby its other functions are secondary and derivative. Both the theory of historical interpretation and the theory of contemporaneous interpretation have their reasonable space of existence, but their functions in present China are very limited and hard to be supported by actual evidences. The subject of constitutional interpretation cannot be actually solved until the application of constitution comes true.

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Constitutional interpretation, as a kind of practical intelligence, is the only way to the realization of the ideal of constitutionalism. Its key function lies in the application of constitution, whereby its other functions are secondary and derivative. Both the theory of historical interpretation and the theory of contemporaneous interpretation have their reasonable space of existence, but their functions in present China are very limited and hard to be supported by actual evidences. The subject of constitutional interpretation cannot be actually solved until the application of constitution comes true.

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Available abstract

Constitutional interpretation, as a kind of practical intelligence, is the only way to the realization of the ideal of constitutionalism. Its key function lies in the application of constitution, whereby its other functions are secondary and derivative. Both the theory of historical interpretation and the theory of contemporaneous interpretation have their reasonable space of existence, but their functions in present China are very limited and hard to be supported by actual evidences. The subject of constitutional interpretation cannot be actually solved until the application of constitution comes true.

Key concepts: Constitution, Interpretation (philosophy), Constitutional interpretation, Constitutionalism, Ideal (ethics), Realization (probability), China, Law

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