Abstract:At present, "issues related to the constitutional law" have been adopted by some scholars in the field of constitutional studies in China as a standard for judging constitutional review matters, but there is no scientific and reasonable explanation for the nature, scope, and types of the "issues". The explanation of the scope of constitutional review at the policy level also goes beyond the scope of the constitutional text, which has led to two ways of thinking about the definition standards of constitutional review matters. One is the "constitutional issue" based on the constitutional text. Any matter that is not clearly stipulated in the constitutional text and cannot be the object of constitutional review because it is not a constitutional issue can be resolved through legitimacy review, compliance review, and other means. The other is "issues related to the constitutional law" based on constitutional principles and spirit. Although "issues related to the constitutional law" themselves are independent issues, they can be included in the scope of constitutional review when it is clearly determined that they involve constitutional issues. "Issues related to the constitutional law" have strong practicality and can provide practical guidance for promoting constitutional review work. It is necessary to strengthen the research on the criteria for determining "issues related to the constitutional law" in constitutional review in terms of legal principles, so as to bring the work of constitutional review onto the right track and maintain a balance between review demands and review capabilities, and between review necessity and review efficiency.

Keywords: constitutional review, legitimacy review, unconstitutionality review, issues related to the constitutional law, constitutional issues

 

Author:Mo Jihong, research fellow, CASS Institute of Law;

Source: 5 (2025) Journal of Comparative Law.