Studies on Jurisprudential Issues of Constitutionality Review


Mo Jihong, Studies on Jurisprudential Issues of Constitutionality Review, Beijing: Democracy and Legal System Press, 2023


The report to the 19th National Congress of the Communist Party of China clearly pointed out that China will "strengthen oversight to ensure compliance with the Constitution, advance constitutionality review, and uphold the authority of the Constitution." With the establishment of this objective, the concept of "constitutionality review" has officially entered the daily life in China. This book reviews the 40-year history of the construction of constitutionality review mechanism in China and discusses a series of jurisprudential issues related to constitutionality review, including theoretical issues that should be paid attention to in promoting constitutionality review, the institutional objectives and construction of mechanisms and institutions of constitutionality review, the principle of legislation in accordance with the Constitution and constitutionality review, the application of the principle of constitutional reservation in constitutionality review, constitutionality review of laws, administrative regulations, local regulations, regulations on the exercise of autonomy, separate regulations, government rules, judicial interpretations and judicial judgments, the feasibility of review of the constitutionality of military regulations and oversight regulations, constitutionality review issues to be paid attention to in judicial reform, theoretical research on constitutionality review of policy documents, the "institutional division of labor" between constitutionality review and legality review, constitutional interpretation as an important institutional starting point for promoting constitutionality review, and promoting constitutionality review and the future trend of development of the rule of law in China.