中美违宪审查的系统比较A Sino-US Comparison on the System of Constitutional Review
Constitution is the fundamental law of a state, the establishment of the authority of which needs not only adjustments of itself, but also a set of rules, the core of which is the system of constitutional review. In terms of analytical and comparative studies, this paper mainly aims to call for the improvement of the system of constitutional review in China through a comparison on the constitutional review system between China and the United States. In the first part, this paper presents the importance of comparing the two systems, and introduces the general theory on review of constitutionality around the world especially in the two countries, giving a clear definition. The second part finds out the Sino-US differences in the system of constitutional review, from which we can recognize that the American system is worthy of using for reference. Additionally, the third one explores the influencing factors, that is, the political systems and the sources behind the two different systems so as to propose some approaches to improve the system of review of constitutionality according to the reality in China.
【Key Words】 review of constitutionality; legislative review; judicial review; comparison; source of the system; improvement
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