2007Jiangsu Xingzheng Xueyuan xuebaoRequires access

Judicial Review:an Inevitable Choice for the Mode for the Review of Constitutionality

Shu Xiao-qing

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Abstract

With limitations and inefficiency,the present system for the review of constitutionality in China should be adjusted.Among the three options,judicial review is the right choice.Due to the fact that our judges are inefficient and local protectionism is rampant,the mode of judicial review should be adjusted a little in order to build one conforming to Chinese actual conditions.Therefore,all courts have the right to carry out the review of constitutionality against law but only the supreme court(the constitutional court) and its fifteen branches of courts can announce the law unconstitutional and refuse to apply.

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What this paper is about

With limitations and inefficiency,the present system for the review of constitutionality in China should be adjusted.Among the three options,judicial review is the right choice.Due to the fact that our judges are inefficient and local protectionism is rampant,the mode of judicial review should be adjusted a little in order to build one conforming to Chinese actual conditions.Therefore,all courts have the right to carry out the review of constitutionality against law but only the supreme court(the constitutional court) and its fifteen branches of courts can announce the law unconstitutional and refuse to apply.

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Available abstract

With limitations and inefficiency,the present system for the review of constitutionality in China should be adjusted.Among the three options,judicial review is the right choice.Due to the fact that our judges are inefficient and local protectionism is rampant,the mode of judicial review should be adjusted a little in order to build one conforming to Chinese actual conditions.Therefore,all courts have the right to carry out the review of constitutionality against law but only the supreme court(the constitutional court) and its fifteen branches of courts can announce the law unconstitutional and refuse to apply.

Key concepts: Constitutionality, Law, Supreme court, Judicial review, Constitutional review, Political science, Judicial activism, China

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