宪政是宪法逻辑运动的状态

The Constitutionalism as the Motion State of the Constitutional Logic

现有宪政理论在概念上引出无穷因果链和循环论证 ,在起源上以道德判断代替逻辑论证 ,很少自觉从因果律上来考察宪政的内涵与意义。宪法的确定性和宪法的功能作为判定宪政内涵的逻辑要件是不可缺少的 ,它们直接指向宪政的目标。这些目标就是组织国家政权、保障公民权利、维护国家和社会的基本制度、保持法制的统一性。

Present constitutional theory in concept draws enumerous chains of cause and effect and circulated proof, replaces moral judgment for logic proof. Few people consciously observes the constitutional meaning and significance from the prospective of the cause and effect. The Constitutional certainty and its function as the logic condition is essential to judge the constitutional meaning. They directly point to the goals of the constitutionalism. These goals include the organization of state powers, protection of civil rights, maintaining the state and social basic system and the unity of legal system.