论文部分内容阅读
人民制定的宪法应该得到全社会的遵守,实施宪法就是让宪法运作起来。宪政的核心价值在于限制公权力(执政党亦必须在宪法之下活动),保护公民权利。尽管宪政实施所需要的先决条件尚不具备,但重提宪政常识的意义就在于厘清思路,避免观念的混淆。宪政并无“东、西方”之分,只有宪法实施后“优、劣”的判别。将宪政诉诸道德化的意识形态只会把复杂问题简单化,宪政常识之一其本来是道德无涉的制度技术及操作问题,而不是大是大非的“姓资姓社”问题。因此在中国语境下运用“宪政”概念,其正当性与有效性就在于宪政价值本身足以超越东西方,制定宪法不是为了政策宣示,而是使社会共识凝聚在宪法实施的轨道之上,使权利的实现得到最高效力的保障。
The constitution made by the people should be observed by the entire society and the implementation of the constitution means to make the constitution work. The core value of constitutional government lies in the limitation of public power (the ruling party must also act under the constitution) and protect civil rights. Although the preconditions required for the implementation of constitutional government are not yet available, the significance of revising the constitutional common sense lies in clarifying the thinking and avoiding the confusion of concepts. Constitutionalism has no “East and West” points, only after the implementation of the Constitution “superior, inferior ” discrimination. To appeal constitutionalism to the ideology of morality will only simplify complicated issues. One of the common sense of constitutional government is that it is originally a system of technical and operational problems that is not covered by morality, not a big-hearted issue of “surname and surname”. Therefore, the legitimacy and validity of using the concept of “constitutionalism ” in Chinese context lies in that the value of constitutional government itself is enough to transcend the East and the West. The formulation of the Constitution is not for policy declaration but rather for bringing the social consensus into line with the constitutional implementation , So that the realization of the right to be the most effective protection.