China's Supreme Peoples Court does not have the powers of judicial review to which we are accustomed. It is not supreme: the legislature is. So the court - though it has wide powers of interpretation does no have Constitutional authority. There is no body for explication of the constitution's commands. Now former Chief Justice Xiao Yang has embraced the idea of a constitutional committee, long bruited by legal scholars, - gwc
Former chief justice proposes Constitution committee in legislature - Xinhua | English.news.cn: "
BEIJING, Nov. 8 (Xinhua) --
Former chief justice Xiao Yang has advocated to set up a Constitution committee in the national legislature to advance rule of law.
Xiao, also former president of the Supreme People's Court, said Friday at a forum, ruling the country in line with the Constitution is an effective way to tackle problems China is currently facing.
He proposed the Constitution committee, under the National People's Congress (NPC), to deal with amendments, explanations, essential issues stipulated by the Constitution and oversee significant cases that jeopardize national economy and people's livelihood.
He also said the administrative law enforcement system and the operating mechanism of law enforcement power should be improved to ensure justice, which is the "lifeline" for rule of law.
The NPC passed the Constitution on Dec. 4, 1982, based on a previous version enacted in 1954.
There are several committees, including the Ethnic Affairs Committee, the Law Committee and the Financial and Economic Committee, under the direction of the NPC and its Standing Committee to examine, discuss and draw up relevant bills and undertake routine legislative and supervisory tasks."
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