2006•Journal of Sichuan University of Science & EngineeringRequires access

Judicial Space and Limitation under the System of the Constitution Interpretation

WEI JUN WANG

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Abstract

Based on the status quo of the Constitution interpretation in China, from the angle of the social base and activity space, i.e. its realistic motive force and pressure that the Supreme People's Court interprets the Constitution in judicial way, or from the angle of its operational way and actual performance, i.e. its case and attached characters, we can find out, to a great extent, only accorded the judicial interpretation of the Constitution with the judicial characters and the political system framework it attaches can it be normalized and effective in the organic system of the Constitution interpretation which is composed of several different independent constitution interpretations in effects and functions.

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What this paper is about

Based on the status quo of the Constitution interpretation in China, from the angle of the social base and activity space, i.e. its realistic motive force and pressure that the Supreme People's Court interprets the Constitution in judicial way, or from the angle of its operational way and actual performance, i.e. its case and attached characters, we can find out, to a great extent, only accorded the judicial interpretation of the Constitution with the judicial characters and the political system framework it attaches can it be normalized and effective in the organic system of the Constitution interpretation which is composed of several different independent constitution interpretations in effects and functions.

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Available abstract

Based on the status quo of the Constitution interpretation in China, from the angle of the social base and activity space, i.e. its realistic motive force and pressure that the Supreme People's Court interprets the Constitution in judicial way, or from the angle of its operational way and actual performance, i.e. its case and attached characters, we can find out, to a great extent, only accorded the judicial interpretation of the Constitution with the judicial characters and the political system framework it attaches can it be normalized and effective in the organic system of the Constitution interpretation which is composed of several different independent constitution interpretations in effects and functions.

Key concepts: Constitution, Interpretation (philosophy), Judicial interpretation, Status quo, Law, Politics, Space (punctuation), Judicial activism

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