| Different from western countries, judicial review of constitutionality is not regarded as the basic method of enforcement of the Constitution in China. According to Chinese Constitution, judicial organs in China do not have the authority to directly review the constitutionality of a piece of legislation in accordance with the Constitution whereas the Standing Committee of the National People's Congress has the authority to interpret the Constitution and review the constitutionality of the legal system. From the perspective of comparative law, the Chinese Constitution is more like a declaration of political program enforced by political, rather than legal, method. However, with the construction of the rule of law, the mode of enforcement of the Chinese Constitution has been undergoing a process of gradual transition from a unitary system of political enforcement to a dual-track system of both political and legal enforcement. The political enforcement of the constitution mainly takes the form of political mobilization led by the ruling party whereas the legal enforcement of the constitution is a pluralistic enforcement mechanism that takes positive enforcement as the main body and negative enforcement as the supplement. From the perspective of comparative law, the conception of dual-track system provides a theoretical framework to describe and understand the constitutional enforcement in China. |
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