It is appropriate to adopt the broad connotation of constitutional implementation in comprehensively promoting constitutional implementation, which is conducive to the implementation of the basic principles and norms of the constitution in all areas of the country and social life. The constitution invocation in judicial judgment is a concrete practice of constitutional implementation in judicial field. Therefore, an empirical study of constitutional invocation can obtain an intuitive impression of constitutional implementation. This paper adopts empirical research methods and case analysis methods to demonstrate. First of all, with the help of the emerging big data technology, in this article, the adjudicative documents including constitutional invocation content are retrieved and the statistical processing and analysis of them are carried out, to form a systematic understanding of constitutional invocation cases. Secondly, this article analyzes constitutional invocation with the constitutional fundamentals, and divides it into two types by taking the subject as the criterion for distinguishing constitutional invocation, i.e constitutional invocation of the litigant and constitutional invocation of the court. Finally, in order to deeply investigate the specific ways and practical effects of constitutional invocation in judicial practice and then further confirm the practical value of constitutional invocation in the process of promoting the overall implementation of the constitution.
Read full abstract