摘要
将宪法称为政治法,虽然由来久、流传广,但弊病多、危害深,不宜继续提倡。政治事务虽然由宪法集中规范,但宪法不只是规范政治事务。单纯从宪法与政治的关系上讲,宪法不是政治统治法、被政治控制之法,而是控制政治之法、治理政权之法。人民是政治与治政的主体,宪法是人民治政的依据与准则。将宪法作为治政法,体现了民主与民治的要求,有利于增强宪法的法律属性与价值理性,有利于实现宪治、实现民主、实现自由。
Although regarding constitution as political law has been lasted for a long time and spreading broadly, it has much disadvantage and deep harm, not suitable to continue advocating. Though political affairs are mainly regulated by constitution, constitution is not the law just regulating the political affairs. From the view of the relationship between consti- tution and politics purely, constitution is not the law serving for politics and controlled by politics, but the one controlling politics and governing regime. People are the principal part in politics and regime governing, and constitution is the basis and guideline. Regarding constitution as governing - regime law shows the requests of democracy and rule of people. It does good to enhance the legal attribute and value rationality of constitution, and realize the rule of constitution, democracy and liberty.
出处
《法律科学（西北政法大学学报）》
CSSCI
北大核心
2009年第2期47-53,共7页
Science of Law：Journal of Northwest University of Political Science and Law
关键词
宪法
政治法
治政法
宪治
民治
constitution
political law
rule of constitution
governing - regime law
rule of people
