宪政问题研究

Study on Constitutionalism

宪政是指依据宪法的民主设计而形成的社会政治治理状态。是"民治"和"宪治"的结合和统一。宪政要素包括宪治要素和民治要素。宪治要素是指实现宪治的必要条件,包括宪法、违宪审查、宪法诉讼和法治。民治要素是指实现民治的必要条件,包括限权、分权和人权,这是宪政状态的内在规定性。一般说来,宪政体制包括政治权力配置机制、公民参政机制(即选举机制)和政党执政机制。

Constitutionalism is a state of governing by social politics in accordance with the democracy. It is the connection of ＂governing by people＂ and ＂governing by constitution＂. The elements of the constitutionalism include ＂governing by people＂ and ＂governing by constitution＂. ＂Governing by people＂ is the necessary condition for the constitutionalism that includes the constitution, constitutional review, constitutional litigation and rule of law. ＂Governing by people＂ is the necessary condition for people＇ s governing that includes restraint of power, separation of power and human rights. These are the inner part of the constitutionalism. Generally speaking, constitutionalism includes the distribution of power, people＇s participation that is the election system, and party＇s governing.