2013•Unpublished venueRequires access
A Normative Analysis on "In Accordance with the Constitution,to enact the Law"
YE Haib
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Abstract
Adding In accordance with the Constitution,to enact the Law into laws is not only self-confirmation of constitutionality of law,but also the demand of the principle that the origin of legislative power and law's content should be prescribed by the Constitution.About the two aspects,some viewpoints are with each other in China,such as the NPC is sovereign authority,the NPC is the highest organ of state power,NPC can annul the constitution when enacting laws,the Constitution is mother law and laws should be enacted in accordance with the Constitution.In fact,some of them are wrong and others are not accurate.In accordance with the Constitution,the NPC is the highest organ of state power and its power is prescribed by Article 62,and the principle of NPC's legislation is that public laws should be the specification of the Constitution and no civil laws may contravene the Constitution.