2007Unpublished venueRequires access

The Amendment and the Interpretation of the Constitution

Ling Ma

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Abstract

Both the amendment and the interpretation of the constitution are the ways of constitutional evolution.The latter is the advance of the textual meaning of the constitution,while the former is the revision or supplement of the constitution,which changes the direction more or less,only in some articles,instead of the direction of the whole constitution,According to the inspection to the 31 articles in the current constitution of China,some articles should and must be amended in the form of constitutional amendments instead of interpretation,whereas some articles can be amended in the form of constitutional interpretation,where there is no need to start the constitutional amendment.

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What this paper is about

Both the amendment and the interpretation of the constitution are the ways of constitutional evolution.The latter is the advance of the textual meaning of the constitution,while the former is the revision or supplement of the constitution,which changes the direction more or less,only in some articles,instead of the direction of the whole constitution,According to the inspection to the 31 articles in the current constitution of China,some articles should and must be amended in the form of constitutional amendments instead of interpretation,whereas some articles can be amended in the form of constitutional interpretation,where there is no need to start the constitutional amendment.

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Available abstract

Both the amendment and the interpretation of the constitution are the ways of constitutional evolution.The latter is the advance of the textual meaning of the constitution,while the former is the revision or supplement of the constitution,which changes the direction more or less,only in some articles,instead of the direction of the whole constitution,According to the inspection to the 31 articles in the current constitution of China,some articles should and must be amended in the form of constitutional amendments instead of interpretation,whereas some articles can be amended in the form of constitutional interpretation,where there is no need to start the constitutional amendment.

Key concepts: Constitution, Amendment, Interpretation (philosophy), Constitutional interpretation, Constitutional amendment, Law, Limited government, Political science

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