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Han Dayuan: Strengthening the constitutional review


Abstract: As a constitutional supervision method£¬the purpose of constitutionality review is to ensure that the law is consistent with the constitution£¬to eliminate any normative documents which are inconsistent with the constitution£¬and to make the subordinate norms conform to the superordinate norms£® Strengthening the constitutional review will help to establish the authority of the Constitution£¬to maintain the dignity of the constitution£¬to protect the rights of the citizens£¬and to safeguard the authority of the central government and the national interests£® From a worldwide perspective£¬constitutionality is mainly composed of four forms: the supervisory system of the representative organ£¬the supervision system of the general court£¬the supervision system of the constitutional court and the supervision system of the constitution committee£® China can adopt the mode of establishing the special constitutional committee at the National People£§s Congress to assist the National People£§s Congress and its Standing Committee in supervising the implementation of the constitution£¬deliberating the unconstitutional disputes and drawing up the decision of settling the dispute£® We can set up a relatively reasonable " constitutional case screening standard"£¬such as case screening mechanism£¬legal review and constitutional review and diversion mechanism£¬standardize and control constitutionality review for reducing the risk of system effectively£® On the premise of respecting the legislature£¬the establishment of a constitutional review model in the process of prior review and legislation is a reasonable choice of the system£®

Key Words: constitutional review; constitution committee; constitutional supervision; legislature; prior review

(Editor: Liu Xiaoling)

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