论宪法的行政适用

On the Applicability of Constitution to Administration

依宪行政是政府依法行政的核心。在我国,宪法不能直接作为行政执法的法律依据,由此导致一些行政活动偏离宪法,甚至无法可依。我国宪法的行政适用有着重大意义,应该结合我国实际,从完善宪法立法、发挥宪法对行政案件的裁判作用以及改善行政机关的专业结构着手,推动宪法在行政执法中的有效适用。

As government comes to develop a stronger constitutional awareness, constitution becomes the key principle that provides guidance for governmenfs administrative activities within the legal framework. But in our country, constitution has not come into full play in regulating administrative activities, which leads some administrative efforts astray from constitution, sometimes even to legal vacancy. Since it is of paramount importance to apply constitution to administrative activities, the status quo of constitution demands that the legislation of constitution be perfected, that constitution exert judicial power over administrative cases, and that the structure of administrative organs undergo necessary changes. Those efforts can facilitate the application of constitution to administrative endeavors.