Teaching Comparative Government and Politics

Thursday, October 26, 2017

Mystery reviewer

The press release from the 19th CPC Congress offers no hints about who will ensure that laws and regulations are in harmony with the Constitution. Who will do that?

Does this count as "judicial review?"

Constitutionality review to strengthen rule of law
Advancing constitutionality review will strengthen the rule of law, experts have said.

The Communist Party of China (CPC) will strengthen oversight to ensure compliance with the Constitution, advance constitutionality review, and safeguard the authority of the Constitution…

Constitutionality review of laws and regulations will be one of the mechanisms to ensure the smooth functioning of China's rule of law, said Han Dayuan, president of the Chinese Constitutional Law Society…

Constitutionality review of laws and regulations will be one of the mechanisms to ensure the smooth functioning of China's rule of law, said Han Dayuan, president of the Chinese Constitutional Law Society.

"It is important to ensure uniformity of laws and regulations within the framework of the Constitution, and resolve the contradictions between some laws and regulations and the Constitution," said Duan Luping of the Guangzhou University.

Constitutionality reviews in different jurisdictions vary, but generally provide a system where legislative or administrative acts are set aside if they are found to be conflicting with the Constitution.

"China's constitutionality review will not be a copy of the Western way," said Chen Shu, a legal scholar.

"Reviews should focus on revoking and correcting administrative and regional legislation that is incompatible with the terms and spirit of the Constitution," said Lou Jian, a legal affairs official with Zhejiang provincial government.

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