On the interpretation of the Constitution Erie
|Course||Constitutional and Administrative Law|
|Keywords||constitutional interpretation unconstitutional review proceduralism|
Ely in his treatise, Democracy and Distrust, put forward the new pathway of unconstitutional review. He attached more attention to the level of“procedure”and discussed the problem raised by the binding between the mainstream of constitutional interpretation at that time and representative democracy, argued against the existing model of judicial review, and presented his constructive Idea about what should be the role of it. According to his proceduralism, Participation-oriented and Representative strengthening, the destination of judicial review was to supervise that whether the political process (legislature) was opened to all the people and not to verify and measure those important basic values unnecessarily.Based on this idea proposed by him, judicial review is not only in accord with the representative democracy, but also the efficient safeguard mechanism for avoiding democracy drawbacks. In china, it has not been established the effective unconstitutional review system, the legitimacy of which has always been the significant theoretical issues on which Chinese scholars focused ,because it concerns the theoretical issue -whether the unconstitutional review system conflict with democracy or not, as well as the practical issue-how to realize it.