Is Legislative Concretization A Way of Implementing the Constitution?
Legislative concretization is a way of implementing the constitution.The question is,how does legislation concretize the constitution?Legislative concretization cannot be understood as the interpretation of the Constitution by legislation,otherwise it may confuse the difference between concretization and interpretation,and also dissolve the hierarchical relationship between legis-lation and the Constitution.The core of legislative concretization is to indirectly implement the Constitution through legislation based on the legislative mandate in the Constitution.Therefore,legislative concretization should focus on how constitutional provi-sions are implemented in different legislative facts,rather than using legislation to specify the content that should have been stipu-lated by the constitution,let alone considering that the constitution cannot be implemented without the concretization of legisla-tion.In addition to the indirect implementation of the Constitution through legislative concretization,there is also the direct imple-mentation of the Constitution,including the inclusion,weighing,and even continuation of constitutional provisions by organs ap-plying the Constitution.The abstraction and principled nature of constitutional provisions do not constitute obstacles to their direct implementation,and a sound institutional system should be promoted to ensure the comprehensive implementation of the Constitu-tion.
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