Title: Beyond Judicial Review: The Proposal of the Constitutional Academy
Abstract: This article goes against the trend towards judicial constitutionalism among the Chinese and Vietnamese constitutionalists. It holds that judicial review is not the sine qua non of a true constitutionalist State. Neither is judicial review the best alternative for constitutional enforcement. It submits that a mechanism of constitutional enforcement should be developed under the grounds familiar with the local people. For the cases of China and Vietnam, Confucianism should be taken into account for this purpose. This article proposes the constitutional academy as a Confucian institution of constitutional enforcement. It is a mixed model of constitutional enforcement in which some Confucian constitutionalist ideas and institutions are integrated with some ideas and institutions of the Marshallian and Kelsenian models of constitutional review.
Publication Year: 2014
Publication Date: 2014-04-06
Language: en
Type: article
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