2004Xiandai faxueRequires access

Analyses of Bringing of the Authority of a Constitution

Wang Bao-cheng

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Abstract

The authority of a constitution is subject to the development of a society. Only with a well-developed civic society that exercises a balance or resistance function against the political state, can the authority of a constitution be asserted. Mainly and fundamentally, a constitution is applied by way of the laws made by the legislature, which are subject to a judicial review if unconstitutional so as to ensure that legislations are in compliance with the spirits and principles of the constitution, and maintain the integrity of the internal elements of the constitution. Where no proper law exists, by way of “judicializating a constitution”, a constitution can be directly invoked in a court to protect a citizen's civil rights, which is a supplemental way of showing the application of a constitution. In a society without well-developed constitutional order, to pay heed to a variety of constitutional and political events is of great significance when applying a constitution and respecting for its authority.

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What this paper is about

The authority of a constitution is subject to the development of a society. Only with a well-developed civic society that exercises a balance or resistance function against the political state, can the authority of a constitution be asserted. Mainly and fundamentally, a constitution is applied by way of the laws made by the legislature, which are subject to a judicial review if unconstitutional so as to ensure that legislations are in compliance with the spirits and principles of the constitution, and maintain the integrity of the internal elements of the constitution. Where no proper law exists, by way of “judicializating a constitution”, a constitution can be directly invoked in a court to protect a citizen's civil rights, which is a supplemental way of showing the application of a constitution. In a society without well-developed constitutional order, to pay heed to a variety of constitutional and political events is of great significance when applying a constitution and respecting for its authority.

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Available abstract

The authority of a constitution is subject to the development of a society. Only with a well-developed civic society that exercises a balance or resistance function against the political state, can the authority of a constitution be asserted. Mainly and fundamentally, a constitution is applied by way of the laws made by the legislature, which are subject to a judicial review if unconstitutional so as to ensure that legislations are in compliance with the spirits and principles of the constitution, and maintain the integrity of the internal elements of the constitution. Where no proper law exists, by way of “judicializating a constitution”, a constitution can be directly invoked in a court to protect a citizen's civil rights, which is a supplemental way of showing the application of a constitution. In a society without well-developed constitutional order, to pay heed to a variety of constitutional and political events is of great significance when applying a constitution and respecting for its authority.

Key concepts: Constitution, Law, Legislature, Politics, Political science, Subject (documents), State (computer science), Limited government

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