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What are the applicable principles of the Constitution?

(english.legalinfo.gov.cn) Updated : 2017-06-16

The so-called application of the Constitution refers to the special activities of the specific state organs applying the constitutional norms to the specific legal facts based on the statutory authority and procedure. The application of the Constitution can be divided into two categories: first, the constitutional review; second, resolving other disputes in accordance with the Constitution.

(1) The application of Constitution should follow the statutory procedures. Only by following the statutory procedures can the legal norms be effectively applied to the specific case procedures; only by following the statutory procedures can the normal operation of the Constitution be guaranteed; only by following the statutory procedures can the seriousness and authority of the Constitution be safeguarded.

(2) The application of the Constitution should be operated flexibly in a reasonable range. Application of the Constitution does not exclude the application of other laws. It is not exclusive, but other laws may not contravene the constitution.

(3) The principles of the application of Constitution should follow the principles of Constitution. So in the process of application of the Constitution, every citizen should be guaranteed to enjoy human rights, to be able to participate in the administration and discussion of state affairs, to exercise the right of supervision of the state, and to closely link the principles of human rights to the principles of popular sovereignty and democracy.

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