Constitutional litigation theory

Author: Hu Xiaohua
Publisher:
Publish Date: 2002-02-01
Features: The book demonstrates the author's thorough deliberation and visionary insights in the following aspects:
1. Combining successful experiences from abroad with the current state of domestic rule of law, and based on considerations of comprehensiveness and effectiveness, political and judicial nature, abstract and concrete nature, preventive and remedial nature, as well as the maintenance of constitutional order and the protection of fundamental rights of citizens, the author "designed" a parallel centralized constitutional litigation model with distinct Chinese characteristics. This model fully embodies the principle of "effective and loophole-free" relief, while also being scientifically sound, reasonable, and simple to implement, as it fully takes into account the current lack of practical experience in this area in China.
2. More importantly, the author outlines the preliminary framework of constitutional litigation jurisprudence.
3. The book presents unique analytical approaches and methods in solving challenges in constitutional law.
4. The book divides democracy into:
(1) Theoretical democracy: Everyone has the freedom to express their will;
(2) Practical democracy: Everyone's freedom to express their will may be ignored;
(3) Constitutional democracy: Every ignored will can be remedied through constitutional litigation.
5. On a theoretical level, the constitutional litigation trial procedures designed in the book are basically feasible, and the various special constitutional trial procedures and systems also have distinctive features.