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On Causes of the Judicial Review on the Administrative Legislation

Yang Shi-li

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Abstract

In administrative litigations,the courts in our country enjoy no power of judicial review on administrative statutes which act as the legal basis for administrative conducts.While in other countries,such powers should go exclusively to the courts.The justifiability for the court to enjoy the power of judicial review is not only because of the defeat in the legislative or administrative review,but determined by the features of judicial power.Lack of the judicial review power as an indispensable factor,the court can not function properly in administrative litigation and will not exercise the legality review on the particular administrative conducts.

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What this paper is about

In administrative litigations,the courts in our country enjoy no power of judicial review on administrative statutes which act as the legal basis for administrative conducts.While in other countries,such powers should go exclusively to the courts.The justifiability for the court to enjoy the power of judicial review is not only because of the defeat in the legislative or administrative review,but determined by the features of judicial power.Lack of the judicial review power as an indispensable factor,the court can not function properly in administrative litigation and will not exercise the legality review on the particular administrative conducts.

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Available abstract

In administrative litigations,the courts in our country enjoy no power of judicial review on administrative statutes which act as the legal basis for administrative conducts.While in other countries,such powers should go exclusively to the courts.The justifiability for the court to enjoy the power of judicial review is not only because of the defeat in the legislative or administrative review,but determined by the features of judicial power.Lack of the judicial review power as an indispensable factor,the court can not function properly in administrative litigation and will not exercise the legality review on the particular administrative conducts.

Key concepts: Judicial review, Principle of legality, Administrative law, Statute, Legislation, Legislature, Law, Political science

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