earticle

영어

It is an indisputable fact that the implementation of constitution in China faces difficulties. The reason for this lies not in the lack of a specialized review agency for constitution violations, nor in the inability to make constitution judicially enforceable. Instead, it stems from the ambiguity or absence of the targets of constitution implementation, fundamentally due to the integration of constitution and laws. From the perspective of the constitutionalism, the targets of constitution implementation should be limited to state organs and their powers, with legislative organs and their legislative powers being the most basic and primary targets. The integration of constitution and laws not only renders constitution unenforceable or unnecessary against legislative organs, but also renders it unenforceable or unnecessary against administrative and judicial organs. To break this abnormal state and ensure the effective implementation of constitution, it is necessary to downplay the democratic demands of constitution and emphasize its purpose of safeguarding human rights. It is also essential to acknowledge the normative and public law attributes of constitution, legally distinguish between constitution-making authorities and legislative authorities, clarify the boundaries of the power to amend constitution to distinguish it from the power to make constitution, abolish the independent power to interpret constitution and integrate it into the supervisory power of constitution implementation, and abolish the supervisory power of the National People's Congress and its Standing Committee over constitution implementation. Furthermore, a new state organ should be established along independent lines, specifically tasked with supervising the implementation of constitution.