宪法变迁的几个基本理论问题

On Some Basic Theoretical Problems about Constitutional Change

关于宪法变迁的概念和宪法变迁的主要方式,国内外有各种观点。争论的焦点在于"有形变迁与无形变迁"。宪法变迁与宪政发展是相互影响的互动关系。一方面,宪政发展建立在宪法变迁的基础之上;另一方面,宪政发展也能推动宪法变迁。但是,宪法变迁并不必然推动宪政发展,有时甚至还会阻碍宪政发展。

There are different opinions on the definition and the main＇ mode of constitutional change both at home and abroad. The bone of contention is ＂the tangible change and the intangible change＂. The interactive relationship between the changing of the constitution and the development of the constitutional system influences each other. On the one hand, the development of the constitutional system is based on the constitutional change. On the other hand, the development of the constitutional system can also promote the constitutional change. However, the constitutional change has not necessarily been the promotion of the development of constitutional system. Sometimes, it even may become its hindrance.