宪法诉讼的宪政价值初探

A Probe into Constitutional Value of Constitutional Litigation

宪法诉讼制度是近代宪政理念及其制度建构发展到一定阶段的产物,并且自其产生以来就在整个宪法监督体系中发挥了不可取代的作用。宪法诉讼的价值是多元的,在宪法诉讼的价值体系中,宪政价值无疑具有最为重要的地位。宪法诉讼作为宪法的免疫器和宪政的守护神,对一国的宪政建设无疑具有首要的意义,即"无诉讼则无宪政"。

The constitutional litigation is the product of the development of modern idea of constitutional government, and since the constitution litigation has brought the effect being in entire constitution supervision system, it has played an unplaceable role. Its value is pluralistic, and becomes more glaring in the value system of constitution litigation. As an immunity implement of constitution and patron saint of constitution government, its important position is beyond question, that is to say ＂there is no litigation without constitutional government＂.