宪政涵义探源

A Study of the Origin and Definition of Constitutionalism

宪政涵义三个层面中宪政理念层面是指以正义的宪法运行政治的一种思想,其中,正义的宪法应以人权为目的,以限制政府权力为必要条件,以法治为实施途径,以违宪审查为重要保障;宪政制度层面是指宪政理念的制度化;宪政实践层面则是指宪政制度的落实。宪政虽有三个层面,但在一般意义上,宪政一词的运用主要指贯穿着宪政理念的宪政制度的落实状态。

＂Constitutionalism＂, an idea imported to China, is an exotic vocabulary which has had an enormous influence on Chinese society since the latter Qing dynasty. However, few domestic scholars have carried out researches into the origin and development of this idea; unavoidably, there exist misunderstandings that lead to misinterpretations and wrongful practices of the concept of constitutionalism. The purpose of this article is to investigate the origin, development and changes of constitutionalism from a historical perspective, focusing on the history of its ideology. In doing so, the implications of constitutionalism can be precisely and comprehensively understood and grasped, particularly in the following three areas： ideology, institution and practice.