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On the constitutionality On Application of Constitution in Courts

[Abstract] of the Constitution is the constitutional norms of justice by the court for the process, it is a constitutional legal, constitutional supremacy and the protection of human rights, fundamental value target requirements of the Constitution and the rule of law is important. Justice of the Constitution should be the general idea: give the court power to interpret the Constitution, the establishment of the constitutional protection of human rights as the core of the trial system. [Key words] Constitution, the rule of law,[link widoczny dla zalogowanych], justice of the Constitution, constitutional justice system constitutionality, constitutional norms is the universal respect in the legal field, and be applied by the court process . To stick, as the law of the Constitution by the judiciary to apply the proper meaning of the Constitution. However, due to various reasons, China's current Constitution has almost always been excluded from the judicial realm. Therefore, the constitutionality of our current constitutional rule of law has extremely important practical significance. Jurisdiction under the Constitution include: (a) of the Constitution is the legal premise of Constitutional Jurisdiction. The Constitution is the law today seems to be self-evident. Modern national legal systems as a core component of the Constitution is to adjust the civil rights and the fundamental relationship between the state power sector law, the legal constitution and other laws is shared by the intrinsic nature of the Constitution as the general law must have quality, the most important is the Constitution of the normative, operational and mandatory. Constitution legal means: first, the Constitution and laws, as are peremptory norms,[link widoczny dla zalogowanych], laws and acts to force the constitutionality of the Constitution. Second, the constitution must be applied by certain organs, organs of the Constitution shall be entitled to apply to interpret the Constitution, to interpret the Constitution is a prerequisite for the constitution. Third, the constitution must bear the constitutional responsibility, to accept the Constitution sanctions unconstitutional law invalid. Fourth, the constitution of all social subjects, as the highest code of conduct has a direct applicability, that the Constitution is both a civic or social organizations to maintain or improve the defense of their rights, but also a direct basis for the court to rule. [1] The value of the Constitution and constitutional legality that is the Constitution. Legal constitution that the constitution the judiciary can and must be applied. ① directly applicable only to the Constitution by the judiciary is truly effective constitution. As a U.S. Supreme Court put it: and reflect the essential requirement of the Constitution is the Constitution of access to the judicial nature of the fundamental signs of positive law and means. (B) of the Constitution is the supremacy of the Constitution of the logical basis of justice. Supremacy of the Constitution, means: One is all state organs, political parties, other social organizations and individuals are living under the Constitution, which is above the Constitution or personal privilege on the complete denial of the will; the other is the highest law in the Constitution status, any other laws, administrative regulations, local laws, administrative rules and regulations shall not contravene the Constitution and so on, otherwise invalid. The judiciary to determine by special state organs,[link widoczny dla zalogowanych], political parties and other social organizations and individuals are unconstitutional, laws,[link widoczny dla zalogowanych], administrative regulations, local laws, administrative rules and regulations are in conflict with the Constitution and the laws and regulations declared unconstitutional, null and void, is a modern state The general implementation of the constitutional means. On the one hand because the judicial proceedings in accordance with specific cases of constitutional review can ensure procedural fairness; the other hand, the finality of judicial decisions and mandatory nature of the unconstitutional, unconstitutional laws and regulations to be timely more positive, Constitutional supremacy, and ultimately depends on the judicial system to get the constitutional protection applies. (C) the effective protection of human rights is a constitutional justice of the key. Constitutional protection of human rights is first and foremost and the ultimate value of demand. [3] only in black and white recognition of the constitutional provisions of fundamental rights and freedoms is not enough, the constitutional protection of fundamental rights and freedoms by the judiciary to assume that only the final, constitutional order to truly realize the value. According to the experience of modern Western countries, [4] (116) Further, the international protection of human rights has also presented the Constitutional Judicature urgent requirements. China has always respected and appreciated including the October 1997 signed the Join the international human rights conventions, means that China recognized the concept of universal human rights, commitments under the Convention rights and obligations. national tribunals for violations to an effective remedy. ensure that any violations of the rights recognized in this Convention or liberty, can be an effective remedy, notwithstanding that the violation is a person acting in official capacity is; (b) ensure that any person claiming such a remedy to the competent judicial, administrative or legislative authorities or by national legal systems provide any other competent authority of their rights in this regard and to develop possibilities of judicial remedy. (c) ensure that the competent authorities such remedies when granted, can really implementation. II of the Constitution the meaning of justice apply the Constitution in the field of justice, a country's legal system, legal practice and even the legal concepts are will have a very profound impact. And this influence is the basic requirement of the rule of law and constitutionalism lies. The author focused on the constitutional justice of this Constitution and the rule of law of their own. (A) of the Constitution, the Constitutional Justice of the significance of their own. 1, so that only the constitutionality of the constitution into effect with the theory of practical effectiveness of the Constitution, which became a truly normative and coercive power of the law. The law must be applied by the court, it is with all the essential requirements of law. Can not be the law applicable by the court is not law, the Constitution also do so. If you can not apply for the Court, regardless of the provisions of the Constitution with what their maximum effectiveness, and no matter how it stressed that any organizations and individuals must take the Constitution as the fundamental standard of conduct, the effectiveness of the Constitution in practice will be greatly reduced. As a legal norm, the Constitutional Court only through the application of specific social relations directly linked to direct the formation of specific legal relationships, and ultimately by the state coercive power to ensure the implementation of its decision, it has a real practical effect. ② Some people think that the constitution be concretized by the general law and added that the effect of the Constitution by the effect of general law to reflect, that the Constitution does not have a direct effect, with only an indirect effect. [5] (25) In my opinion, the effect of the Constitution is not directly related. This is mainly because of the current constitution does not establish an effective system of constitutional review, really completely general law strictly, In the absence of general law, Therefore, the effect of general law is not constitutional validity of the manifestation of a general law can not force that has the indirect effect of the Constitution. Said that the Constitution has an indirect effect, in fact, means that the Constitution itself lacking the force of law. In short, the Constitution must be applied directly by the court only has the results. 2, constitutionality is the Constitution and the specific social reality or social relations linked bonds, the formation of the Constitution and the interaction between social reality, can enhance the adaptability of the Constitution. The adaptability of the Constitution,[link widoczny dla zalogowanych], a layer of meaning refers to the constitution must accurately reflect the content of certain social relations, and practical needs can not be divorced from the second floor is the meaning of the Constitution of the strain has its own way through the contents of the constitution to adapt to political, economic, cultural and other aspects of change, and the constitution of its state coercive power to make laws, acts of constitutional capacity. [1] to resolve the dispute by the court for the Constitution, can be accurately and timely examination of constitutional norms is consistent with the specific social relations, social relations are inconsistent with constitutional norms are revealed in time, will enable agencies to make timely constitutional amendment constitutional amendment or constitutional interpretation. Even some of the content in the absence of express provision in the Constitution, the Court's case can also be improved and added rules. These are more responsive to social needs to the constitution, the constitution itself, which is also obtained and well developed. Therefore, the constitutional development of the judicial power of the Constitution and an important way, is an important mechanism of constitutional development. 3, of the Constitution is the guarantee of judicial supremacy of the key aspects of the Constitution. As mentioned above, the Constitution is the supremacy of the Constitution of the logical basis of justice, that justice of the constitutional supremacy of the fundamental requirements of the Constitution. On the other hand also the ultimate supremacy of the Constitution by the Constitution is the Constitution in the Court of Justice of the application to be respected and implemented. Constitution in France

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