Abstract: Since the 18th National Congress of the Communist Party of China, China has made much progress in the work of constitutionality review, but the traditional concept of constitutionality review cannot explain the relevant practices properly. Overall, there are in fact two categories and three types of constitutionality review in China. Depending on whether the reviewing body can exercise discretion in the constitutionality review, constitutionality review can be divided into two categories: compulsory constitutionality review and discretionary constitutionality review. Compulsory constitutionality review can be divided further into two types: constitutionality review based on legal responsibilities and constitutionality review based on the requirement of constitution-based exercise of the state power. Discretionary constitutionality review refers to the constitutionality review based on the power of constitutional supervision. These three types of constitutionality review are different in terms of review bases, applicable situations and normative effects, and interact with each other in practices, thus jointly constituting the complete facets of constitutionality review in current China. Typology based distinction of constitutionality review will help us precisely understand the rich connotation of the constitutionality review in China and promote the construction of the constitutionality review system with Chinese characteristics. 

Key Words: Constitutionality Review; Legal Responsibilities; Constitution-based Exercise of the State Power; Power of Constitutional Supervision 

Author: Zhu Xuelei, associate research fellow and Secretary General of the Center for the Rule of Law Publicity and Education and Public Law Studies, CASS Institute of Law; 

Source: 3 (2025) Political Science and Law.