被学者称为“宪法第一案”的齐玉苓案在当代中国宪法发展史上具有举足轻重的地位。然而,宪法作为政治意图的设计文本,意味着法治是立宪意图的实施形态。宪政不过是改良的法治,由此,宪法司法化不过是想象中的伪命题。或许,理性地接受一个社会成熟的过程,较之期待法治“建设”一蹴而就,不啻一种贡献。 The case of Qi Yuling considered by scholars as “the first case of the constitution” plays a decisive role in the development of contemporary Chinese constitution. However, the design text of the constitution as a political intention means that the rule of law is the implementation form of the constitutional intention. Constitutionalism is nothing more than an improved rule of law. Therefore, judicatory constitutionalism is nothing but a false proposition in imagination. Perhaps, rationally accepting a process of social maturity will not make a contribution, rather than expecting the rule of law to be completed overnight.