行政法与宪法关系之重新审视

A Review of the Relations Between the Administrative Law and Constitution

行政法与宪法关系的研究缘于中国公法和宪政发展的现实需要。以中外行政法治的实践为分析视角,可以得知行政法与宪法之间是一种互动关系,即宪法原则、精神指引着行政法的发展,行政法则对宪法起着落实、补充和发展作用,并推动宪法自身的修改和完善。为了防止行政法与宪法互动关系的失衡,一方面,我国宪法必须积极回应行政法发展所提出的挑战;另一方面,必须尽快建立行之有效的违宪审查制度以维护宪法的至上权威。

The study of the relations between the administrative law and constitution originated from the development of Chinese public law and constitutionality. By analyzing the practice of administrative legality home and abroad, we can make a conclusion that the administrative law and constitution have interactive relations, namely, the principles and spirits of the constitution guide the development of administrative law, while administrative law fulfill, complement and develop the constitution, pushing forward the constitution by revision and perfection. In order to keep the balanced relation between the administrative law and constitution, firstly, our constitution shall take measures to meet the challenges of administrative law, secondly, it's necessary to establish effective examination systems of unconstitutionality to maintain the highest authority of the constitution.