On the Necessity and Feasibility of the Constitutional Judicialization

Abstract

The proposal of "constitutional judicialization" is the product of the continuous development of constitutional theory and the needs of practice. Constitutional judicialization in a broad sense includes unconstitutional review and constitutional judicial judgment. The essence of constitutional judicialization in China is the judicial relief of constitutional rights, which aims to protect the basic rights of citizens. The judicialization of China's constitution must be carried out under the existing political and judicial system, so as to safeguard the people's democratic dictatorship and the people's Congress system. Specifically, we can effectively realize the judicialization of the Constitution in the form of indirect application of the constitution through constitutional interpretation, which can not only safeguard the authority of the National People's Congress and its Standing Committee, but also effectively protect the basic rights of citizens.