Study On the Localization of The Constitutional Review in China—With Reference to The United States

Abstract

This paper discusses the concept and importance of constitutional review. The article analyses judicial review in the United States and its jurisprudential basis, taking mainly American judicial review as a reference. In analysing the justification process of judicial review, the article cuts through the separation of powers and the least dangerous branch theory. In the face of elitist blame, the article specifically analyses how the non-democratic process of judicial review achieves democratic ends. On this basis, the author analyses constitutional review in China and the reasons why China's attempt to use judicial review ended in failure. Through comparison, the author summarises the political system factors, political philosophical thought factors and judicial factors that led to the failure. After that author suggests that judicial review is not directly applicable in China. Finally, the paper attempts to present the constitutional court model as a possible transitional model for China's future attempts to develop a judicial review model.