论宪法最高效力的本源

On the Source of the Supreme Power of Constitution

宪法具有最高效力从形式上本源于宪法的自我授权,但这种自我授权并不当然地保证宪法最高效力的实现,宪法要在现实生活中得到人民体认,就必须保证宪法具有正当性。宪法具有最高效力在实质上本源于保护人民权利的需要,它的效力的最高性是“高级法”观念物化的需求,是实现人民主权的需要,是人权保障的法律归宿。

That constitution has the supreme power in its form, it originates from the self-authorization of the constitutional law. But such self-authorization can＇t absolutely ensure the realization of the supreme power of the constitutional law. If the constitutional law wants to be accepted by people in the real life, its legitimacy must be ensured. That the constitutional law has is of supreme power, in its real sense, it originates from the needs of protecting human rights. The supreme power of constitution results from the needs of ＂superior law＂ concept and the realization of the sovereignty of people, and it is the legal protection of human rights protection.