伊春园2024直达

Academic Papers

LIU Han: Originalist Constitutional Interpretation and its Chinese Path

2024-01-26

础产蝉迟谤补肠迟:

Constitutional interpretation, a critical element in constitutional review mechanism, requires both procedural and substantive regulation. Originalism, an interpretative approach aimed at discerning and understanding a constitution's original meaning and limiting interpretative discretion, aligns with China's traditional focus on legislative intent in legal interpretation. Given the necessity to preserve the stability of China's constitutional norms, standardize constitutional interpretation, and foster China's own constitutional jurisprudence, adopting originalism as one of the interpretative methods is essential. This approach involves exploring and cultivating a unique path for originalist interpretation in China. In future constitutional practices, seeking the original meaning of the constitution should be recognized as a vital facet of constitutional interpretation. This is crucial for clarifying the significance of constitutional provisions, principles and ethos. For uncovering the original meaning of the Chinese Constitution, primary sources should not only include the constitutional text but also the Preamble and historical documents pertaining to the Constitution's making and amending.

碍别测飞辞谤诲:

Originalism; Legislative Intent; Constitutional Review; Constitutional Interpretation