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作为一个历史文本 ,“五四宪法”展示了现代宪法之理念及理想 ,其内在体系具有逻辑自洽性和价值合理性 ,然而作为一个制度实体 ,“五四宪法”的外在运行却遭遇无以化解的困境。“五四宪法”遭遇困境之根源在于宪法认同之缺失与宪法权威之缺位。鉴于宪法之为权威所凭借的民主、法治、人权等价值理念未被习识和采信 ,以宪法为最高权威之法治未能成就 ,在宪法文本和社会现实之间于是出现断裂。“八二宪法”秉承“五四宪法”的价值理念 ,因而“五四宪法”的历史境遇对当代宪政建设仍具有启示意义。
As a historical text, the “May 4th Constitution” shows the concept and ideal of the modern constitution. Its internal system has logical self-consistency and value rationality. However, as an institutional entity, the external operation of the May Fourth Constitution encountered no To resolve the plight. The root causes of the dilemma encountered in the “May 4th Constitution” lie in the absence of constitutional recognition and the absence of constitutional authority. In view of the constitutional as the authority by virtue of the values of democracy, the rule of law, human rights and other ideas have not been recognized and adopted, the Constitution as the supreme authority of the rule of law failed to accomplish, then there is a break between the constitutional text and social reality. The “August 2 Constitution,” adhering to the value concept of the “May 4th Constitution,” so the historical situation of the “May 4th Constitution” still has implications for the construction of contemporary constitutional government.