Comparative Study on Constitutional Review

Author: People's University Press
Publisher:
Publish Date: 2006-05-01
Features: Long-term social life experience has proven that the rule of law is superior to the rule of man. In short, the rule of law refers to the governance by law. The core value of the rule of law lies in using law to control, safeguard, and regulate the operation of state power. The significance of using law to control the operation of state power is that, given the nature of state power expansion and corruption, it needs to be prevented and limited, ensuring it operates within certain boundaries and limits to safeguard human rights. The significance of using law to safeguard the operation of state power is that, when individual members of society, social organizations, and the market are unable to effectively handle public affairs and must rely on the state power with special coercive force to do so, its effective operation can maintain normal and fair social order to safeguard human rights. The significance of using law to regulate the operation of state power is that, only when state power is reasonably allocated between national agencies vertically and horizontally can it effectively handle public affairs, thereby safeguarding human rights. Of course, the basic premise for safeguarding and regulating the operation of state power is that law can effectively control state power. Without this basic premise, the fundamental purpose of safeguarding and regulating the operation of state power cannot be truly achieved. Constitutional review refers to the examination conducted by specific national agencies to determine whether laws or other normative documents directly formulated under the constitution, as well as specific acts, comply with the constitution. It plays a unique role and function in ensuring the implementation of the constitution. This book introduces and studies the constitutional review systems of the United States, Japan, Germany, France, and the Russian Federation. These countries' constitutional review systems cover the main types of constitutional review systems in the world and are relatively representative. At the same time, it also examines China's current constitutional review system. Through six chapters of research, this book attempts to explore in an academic discussion atmosphere a more in-depth understanding of a constitutional review system suitable for China. This book is part of the "Academic Series of the Center for Constitutional and Administrative Law Research, a National Key Discipline at Renmin University of China," and also one of the research achievements of the Ministry of Justice's project on rule of law development and legal theory research at the ministerial level.