2004•Journal of Sichuan Normal UniversityRequires access

Inspiration from Interpretation of Constitution and Review of Constitutionality Case Before 1982 Constitution

Zhou Wei

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Abstract

The constitutional theory circle generally holds that in China there is no constitutional interpretation case or review practice of constitutionality, the casesof which before the 1982 constitution reveal that the implementation of constitution in China inevitably needs such a system. The empirical fact of the casesshows that the system is passive, unauthorized, precedented, non-systematic, atrandom and objective. Study and analysis of constitutional interpretation andreview principle of constitutionality are of positive theoretical and realistic value in the establishment and improvement of the system in China.

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The constitutional theory circle generally holds that in China there is no constitutional interpretation case or review practice of constitutionality, the casesof which before the 1982 constitution reveal that the implementation of constitution in China inevitably needs such a system. The empirical fact of the casesshows that the system is passive, unauthorized, precedented, non-systematic, atrandom and objective. Study and analysis of constitutional interpretation andreview principle of constitutionality are of positive theoretical and realistic value in the establishment and improvement of the system in China.

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Available abstract

The constitutional theory circle generally holds that in China there is no constitutional interpretation case or review practice of constitutionality, the casesof which before the 1982 constitution reveal that the implementation of constitution in China inevitably needs such a system. The empirical fact of the casesshows that the system is passive, unauthorized, precedented, non-systematic, atrandom and objective. Study and analysis of constitutional interpretation andreview principle of constitutionality are of positive theoretical and realistic value in the establishment and improvement of the system in China.

Key concepts: Constitutionality, Constitution, Interpretation (philosophy), Constitutional interpretation, China, Law, Political science, Sociology

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