On Theoretical Basis for Determining the Hierarchical Order of Constitutional Review and Legality Review
The preferential application of legality review between constitutional review and legality review is a judgment based on the"doctrine of exhaustion of legal remedies",which is generally followed by the constitutional review systems in most countries.Constitutional review and legality review are parallel in China.Both of them are legislative supervision sys-tems stipulated by the current Constitution and legislative law.They are both interrelated and distinct from each other,have an articulated relationship,and cannot replace each other.According to China's current system design,the subjects of con-stitutional review and legality review are identical,with a high degree of overlap in review objects,and the review proce-dures are basically the same.The Standing Committee of the National People's Congress implements the working mechanism of mixed review of constitutionality and legality,without a clear order of application.In view of this,from the perspective of doctrine of exhaustion of legal remedies,for the normative documents that can be reviewed for constitutionality and legality at the same time,the hierarchical order of exhaustive legality review first and then constitutionality review is established to clarify the relationship between constitutional review and legality review.
constitutional reviewlegality reviewhierarchical order of reviewexhaustion of legal remedies
万方数据
维普
