2003Unpublished venueRequires access

On the Space of the Judicial Application of Constitution

Jiao Hong-chang

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Abstract

The judicial application of constitution is not equivalent to the review of constitutionality or the constitution lawsuit, but what it involves is whether ordinary courts are allowed to make the review of constitutionality or directly use the constitution provisions to make judgment on the questions arising from civil cases, administrative cases, or criminal cases, etc. The system of People's Congress does not mean that there is no space for judicial application of constitution in China. In fact, people's courts can apply constitution to the cases with respect to the subsidiary review of constitutionality of the abstract acts of administrative organs and social organizations, and the civil and criminal application of constitution.

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What this paper is about

The judicial application of constitution is not equivalent to the review of constitutionality or the constitution lawsuit, but what it involves is whether ordinary courts are allowed to make the review of constitutionality or directly use the constitution provisions to make judgment on the questions arising from civil cases, administrative cases, or criminal cases, etc. The system of People's Congress does not mean that there is no space for judicial application of constitution in China. In fact, people's courts can apply constitution to the cases with respect to the subsidiary review of constitutionality of the abstract acts of administrative organs and social organizations, and the civil and criminal application of constitution.

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Available abstract

The judicial application of constitution is not equivalent to the review of constitutionality or the constitution lawsuit, but what it involves is whether ordinary courts are allowed to make the review of constitutionality or directly use the constitution provisions to make judgment on the questions arising from civil cases, administrative cases, or criminal cases, etc. The system of People's Congress does not mean that there is no space for judicial application of constitution in China. In fact, people's courts can apply constitution to the cases with respect to the subsidiary review of constitutionality of the abstract acts of administrative organs and social organizations, and the civil and criminal application of constitution.

Key concepts: Constitutionality, Constitution, Law, Lawsuit, Political science, Judicial review

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