The Systematization of Constitutional Interpretation in Terms of the NPC's Interpretation of the Basic Law
WEI JUN WANG
Abstract
WEI JUN WANG
Abstract
The constitution is regarded as “general rules to govern a country” and “book to guarantee the people's rights”.But in China,it is used as a kind of principle regulations more than the law weapon.So some people doubt whether the Constitution is a law.The constitution,constitutional government and its history both of China and the western countries have already shown the authority of the constitution comes from the actual effect of the constitution and the realization of constitutional government.Therefore,how to implement the Constitution naturally has become an important subject of theoretical research on the Constitution in China.We may make use of it for reference with the example of the interactional relation between the citation and interpretation of the constitution of Hong Kong Court and of National People's Congress and the Standing Committee.
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The constitution is regarded as “general rules to govern a country” and “book to guarantee the people's rights”.But in China,it is used as a kind of principle regulations more than the law weapon.So some people doubt whether the Constitution is a law.The constitution,constitutional government and its history both of China and the western countries have already shown the authority of the constitution comes from the actual effect of the constitution and the realization of constitutional government.Therefore,how to implement the Constitution naturally has become an important subject of theoretical research on the Constitution in China.We may make use of it for reference with the example of the interactional relation between the citation and interpretation of the constitution of Hong Kong Court and of National People's Congress and the Standing Committee.
Key concepts: Constitution, Law, China, Interpretation (philosophy), Basic law, Political science, Limited government, Constitutional interpretation