宪法诉愿制度与民主、法治的关系

On the Relationship between Constitutional Petition System and Democracy and Rule by Law

宪法诉愿制度有主观的权利保障和客观的宪法秩序维持二重性功能,该制度还有宪法实现、平衡国家与个人关系以及少数保护的功能。宪法诉愿制度与民主有着抗衡专制的共同价值取向,是一对互相促进的共生体。宪法诉愿制度与法治的关系首先体现在制度本身包含了法治原则,宪法诉愿制度的施行对法治理念的传播也起到了积极的作用。

Constitutional petition system has the dual functions of subjective safeguard of right and objective maintenance of constitutional order. Constitutional petition system and democracy, a pair of mutually promotive association, have common values on contenting against despotism. Relations between constitutional petition system and the rule by law are reflected in that the system itself contains principles of the rule by law. The implementation of the constitutional petition system plays a positive role in spreading the idea of the rule by law.