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Academic Journal of Humanities & Social Sciences, 2020, 3(7); doi: 10.25236/AJHSS.2020.030701.

The Object and Occasion of Constitutional Implementation


Yaoyao Chen

Corresponding Author:
Yaoyao Chen

School of Law, Shanghai University, Shanghai, China
[email protected]


There are many different views on the object and occasion of constitutional implementation in academia.On the basis of the constitutional ontology and the theory of legal rank, this paper makes a detailed interpretation of the object and occasion of constitutional implementation. Considering that the object of constitutional implementation is limited to state organs and rights.And that a distinction should be made between the occasions of constitutional implementation: the constitution is implemented when the laws of the legislature are suspected of being unconstitutional or when the legislation is not acted upon, and is implemented when executive branch and judiciary fail to apply the law properly or when the law is unconstitutional. Finally, this paper briefly discusses the problems existing in the objects and occasions of constitutional implementation in China, and puts forward corresponding suggestions.


Constitutional implementation, Implementation object, Implementation occasion, Unconstitutional review

Cite This Paper

Yaoyao Chen. The Object and Occasion of Constitutional Implementation. Academic Journal of Humanities & Social Sciences (2020) Vol. 3, Issue 7: 1-7. https://doi.org/10.25236/AJHSS.2020.030701.


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