Typological Analysis of Constitutional Invocation in Judicial Decisions:a Big Data-based Perspective
The invocation of the Constitution in judicial decisions under the perspective of big data includes two types of invocation of the Constitution by the parties and by the court,which have both individuality and commonality.Constitutional invocation is based on the independent choice of the relevant subject,the purpose is clear,but does not have the legal effect of universal application.Academic discussions on the attributes of constitutional invocation have mainly focused on the application of the Constitution,compliance with the Constitution and the use of the Constitution.But when viewed in conjunction with the fundamental characteristics of constitutional invocation in the big data perspective,constitutional invocation differs markedly from these concepts.The invocation of the Constitution,as one of the ways of implementing the Constitution,is essentially the embodiment of the value of the Constitution in the judicial sphere,with the judicial value of enhancing the persuasive power and authority of adjudicative documents,providing constitutional support for the interests of the parties concerned,and making up for the possible deficiencies of laws in their application,so as to ultimately lead to the purpose of judicial justice and to enhance the awareness of citizens of their national identity.In order to promote the standardization of constitutional invocation,it is necessary to clarify the principles,necessary circumstances and formal elements of constitutional references,and to provide guidance through guiding documents and model cases.
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