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Constitutional Review in China: An Unaccomplished Project Or a Mirage? (Symposium: Constitutional Review in the People's Republic of China)

eBook details

Title: Constitutional Review in China: An Unaccomplished Project Or a Mirage? (Symposium: Constitutional Review in the People's Republic of China)
Author : Suffolk University Law Review
Release Date : January 22, 2010
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 347 KB

Description

I. INTRODUCTION A general perception exists that constitutional review is not a part of modern Chinese jurisprudence. That view is mistaken. The aim of this essay is to show that, while substantial constitutional change has not yet been established, it is arguable that a unique Chinese brand of constitutionalism has taken root and is evolving. A classic understanding of the concept of judicial review is "a court's power to review the actions of other branches or levels of government," including a court's "power to invalidate legislative and executive actions as being unconstitutional." (1) Judicial review has become an established part of contemporary constitutionalism in Western jurisprudence.