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2017 Judicial Examination Paper 1 Constitutional Focus: The Basic Methods of Constitutional Implementation and Protection
Judging from the constitutional practice of various countries in the world, although the specific working methods and methods of implementing the guarantees of the constitutions of various countries are different from each other, the basic methods are nothing more than the following:
(1) Prior review and post-event review
Prior review is also known as preventive review. This approach is often applied to the process of developing laws, regulations, and legal documents. Before laws, regulations and legal documents are formally promulgated and implemented, the constitutionality of laws, regulations and legal documents is reviewed by specific organs.
If it is found to be unconstitutional during the review process, it can be immediately amended and corrected. Ex-post review refers to the review of the constitutionality of laws, regulations, and legal documents by specific organs after they are promulgated and implemented. Post-facto review often occurs when people have doubts about the constitutionality of relevant laws and regulations, or when a request for constitutional review is submitted by a specific organ, organization, or individual.
(2) Incidental review and constitutional complaints
Incidental review refers to the constitutional review of laws, regulations and normative documents conducted by judicial organs in the course of adjudicating cases by raising the issue of whether the applicable laws, regulations and legal documents are unconstitutional. Incidental review is often premised on the matter at issue, and the laws, regulations and legal documents related to the litigation are also reviewed. Constitutional complaints (constitutional complaints, constitutional complaints) refer to the system of filing complaints with the Constitutional Court or other relevant institutions when the constitutional rights of individual citizens are violated.
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Answer]: A According to the different organs that make the constitution, the constitution can be divided into a people's constitution, a king's constitution and an agreement constitution. The so-called people's constitution refers to the constitution formulated by the public opinion organ or the public opinion of the whole people.
The King James Constitution refers to a constitution made and promulgated by or in the name of the monarch. A constitution of agreement is a constitution formulated by the monarch in consultation with the people or with the representative organs of the people. According to the knowledge of foreign constitutional self-hissing history, the French constitution of l830 was a constitution formulated by the French people's representatives in consultation with the monarch, and it was a constitution of agreement; The Articles of Confederation of the United States of 1777 and the Weimar Constitution of Germany in l919 were formulated by the people or the people's representative organs, and belong to the people's constitution.
The Constitution of Japan in l889 is a constitutional law promulgated in the name of the Emperor of Japan, which belongs to the King James Constitution. Therefore, the answer to this question is A.
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Answer]: Linglian filial piety
According to Article 89 of the Constitution, *** has the right to formulate administrative measures and formulate administrative measures or administrative regulations in accordance with the Constitution and laws.
Issuing decisions and orders. Therefore, the answer to this question is D.
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Local people's congresses at all levels.
Local people's congresses at all levels generally refer to local people's congresses at all levels in the People's Republic of China. Local people's congresses at all levels of the People's Republic of China are organs of state power in the People's Republic of China under the leadership of the Communist Party of China and are the foundation of the people's congress system.
The people's congresses include: the National People's Congress; the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government; the people's congresses of districted cities and autonomous prefectures; the people's congresses of counties, autonomous counties, cities not divided into districts, and municipal districts; The people's congresses of townships, ethnic townships, and towns. The National People's Congress is the highest organ of state power, and local people's congresses at all levels are local organs of state power.
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According to the provisions of the Constitution, the people's congress is the local organ of state power at all levels in China, representing the power of the people, and the people's congress is the basic principle of China.
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The Constitution stipulates that "the National People's Congress of the People's Republic of China is the highest organ of state power"; "Local people's congresses at all levels are local organs of state power."
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The organs of state power in our country are the National People's Congress and local people's congresses at all levels.
The Constitution stipulates that "the National People's Congress of the People's Republic of China is the highest organ of state power"; "Local people's congresses at all levels are local organs of state power."
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The people's congress is the local organ of state power at all levels in our country.
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The local organs of state power at all levels are the people's congresses at all levels.
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Npc.
The National People's Congress (NPC) is the state organ that has the power to supervise the implementation of the Constitution.
The term of office of the National People's Congress is five years and meets once a year. If the Standing Committee of the National People's Congress deems it necessary, or if more than one-fifth of the deputies to the National People's Congress propose, it may temporarily convene a session of the National People's Congress.
Sessions of the National People's Congress are held in the first quarter of each year and are convened by the Standing Committee of the National People's Congress. When the National People's Congress convenes, it elects a presidium to preside over the meeting.
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The organs that have the power to supervise the implementation of the Constitution in our country are: the National People's Congress and the Standing Committee of the National People's Congress.
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Answer]: The traditional classification of the constitution is as follows: (1) the constitution is divided into written constitution and unwritten constitution according to whether the constitution has the form of a uniform code; (2) From the difference in effectiveness and amendment procedures, the constitution is divided into rigid and flexible imitation constitution; (3) According to the different organs that formulate the constitution, the constitution is divided into the King James Constitution, the agreement constitution and the people's constitution.
From this, it can be seen that the correct answer to the question is C.