An Analysis of the Conception of Judicial Review of Constitutionality
Qin Xiang-yang
Abstract
Qin Xiang-yang
Abstract
There exist some misunderstandings concerning the conception of judicial review of constitutionality among Chinese scholars of the constitutional law.They mistake judicial review of constitutionality for the application of the constitution,or constitutional supervision,or judicial review.The purpose of judicial review of constitutionality is to maintain the highest status and absolute authority of the constitution throughout the country.Its subjects should be the specific state organs with extreme authority,while its objects are the important actions of some constitutional principal parts.With specific evidence and conclusions that have legal validity,it is one of the most authoritative constitutional protection systems.
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There exist some misunderstandings concerning the conception of judicial review of constitutionality among Chinese scholars of the constitutional law.They mistake judicial review of constitutionality for the application of the constitution,or constitutional supervision,or judicial review.The purpose of judicial review of constitutionality is to maintain the highest status and absolute authority of the constitution throughout the country.Its subjects should be the specific state organs with extreme authority,while its objects are the important actions of some constitutional principal parts.With specific evidence and conclusions that have legal validity,it is one of the most authoritative constitutional protection systems.
Key concepts: Constitutionality, Judicial review, Constitution, Mistake, Law, Political science, Constitutional review, Principal (computer security)