Hans Kelsen is the father of Austrian constitutional court, whose pure jurisprudence and basic norm have been widespread in China, but his idea of constitutional court has not been studied thoroughly. Through deep research, this paper finds out that Kelsen proposed that judicial constitutional guarantee system should be used in Germany from two perspectives, firstly he said that it was necessary to institute judicial review in order to maintain the highest power and to eradicate contradictions of legal system, secondly he held that, according to development logic of legal theory and necessary requirement for political power restriction, it was inevitable to establish judicial review on the basis of democratic election. Up to now, Kelsen’s argument is still beneficial to correct the present unfolding political constitution theory and to clarify the theoretic foundation of China’s constitution guarantee.