Abstract: A precondition for constitutional review is to accurately understand and explain the constitutional norms on which the review is based, so as to judge whether the object of review violates the Constitution. Therefore, interpreting the meaning of the Constitution is a prerequisite for constitutional review. With the active, steady and orderly advancement of constitutional review, constitutional interpretation, which is gradually becoming "explicit", has attracted great attention from theoretical circles. However, a comprehensive review of the demonstrations and explanations of constitutional issues in the constitutional review procedure shows that there is still much room for improvement in the application of constitutional interpretation. China should, on the basis of comprehensively and systematically summarizing the existing experience of constitutional review, make full use of the existing institutional resources, choose appropriate types and methods of constitutional interpretation, and further promote explicit constitutional interpretation. At the same time, China should establish a departmental coordination mechanism for constitutional review and constitutional interpretation led by the Standing Committee of the National People's Congress, fully mobilize the initiatives of other state organs in implementing the Constitution, and actively and steadily promote constitutional interpretation in constitutional review.
Key Words: constitutional review; constitutional interpretation; recordation and review; academic scheme
Author: Zhai Guoqiang, Professor, Law School of the University of CASS;
Source: 6 (2024) ECUPL Journal.