论修宪权的性质与地位

On the Nature and the Status of Constitution Amendment Right

修宪权,是指在宪法实施的过程中,遵循宪法的根本精神和基本原则,按照宪法规定的程序、方式和限制等要求,全面修改或部分修改宪法条款的权力。从与制宪权的关系看,修宪权具有派生性、法定性;从与释宪权的关系看,释宪权运用的极限就是修宪权的开始;修宪权就其本身性质来看,具有不宜轻易动用的特点。正确认识修宪权的性质与地位有利于充分发挥修宪权的功能与作用。

Constitution amendment right means that in the course of constitution implementation, the right of entirely or partly amending the articles of the constitutions by following the essential spirit and basic principle of the constitution and act on the procedures, ways and restrictions regulated by the constitution. Seen from the relationship between the constitution amendment right and the right of constitution - making, the latter is characterized by the nature of derivation and legality. Seen from the relationship between the constitution amendment right and the right of consti- tution- interpreting, the application limit of the right of constitution - interpreting is the start of constitution amendment right. Seen from its own nature, constitution amendment right should not be used rashly. It is of help to correctly understand the nature and the status of constitution amendment right so as to give a full play to its function and role.