Research on the Problems and Countermeasures in the Review of Constitutionality about Normative Documents in China

Abstract

There are still some problems hindering the development of the "constitutionality review" system. First, whether the objects of the constitutionality review include laws enacted by the National People's Congress and its Standing Committee (NPCSC);Second, when reviewing normative documents, legality review is often superior to constitutionality review. Third, the single use of "Internal communication mode" to deal with the consequences of constitutional review will hinder the implementation of constitutional responsibility. In view of the above problems, the analysis and countermeasures should be suggested:first, the laws enacted by the NPCSC are not within the scope of constitutional review and must be cleared; Secondly, the establishment of the standard of "constitutionality review" is helpful to make the constitutionality review superior to the legality review in specific cases.[1] Finally, reference constitutional cases should be developed to help review authorities strictly enforce unconstitutional responsibilities, rather than just using "internal communication models".