警察执法的宪法维度

Constitution Analysis on Law Enforcement by Police

警察执法,作为国家行使权力的重要方式、国家通过法律实现社会管理的基本途径,首先是以宪法为基础的。若以美国宪法审视警察执法,警察能否依宪执法,直接关系着一个国家能否实现法治。无论是警察权存在的宪法基础、警察执法规范化和有效性的宪法渊源以及警察执法的宪法价值,在规范与事实范畴或观念与制度范畴方面都清晰和富有逻辑。在一个民主法治发展和完善过程中的现代国家及复杂的社会,警察执法的文明、规范和有效,关乎平等与正义、自由与秩序价值的法治实现,与是否认真对待其宪法基础有着内在逻辑性。

The enforcement by police, as the most important way of state power, the state passed a law implementation for the most basic way of social management, is based on the constitution in the first place. If we based on the constitution of the United States to analyze the process of law enforcement by police, the police can be in accordance with the constitution law enforcement, a country has a close relationship with the realization of the rule of law. There exist some very clear and effective logical connection in rela-tionship such as the enforcement of constitution value and the foundation of the police, the social fact and the theory of the police enforcement, and in the order of law and effective of administration. In a democracy society, the role of law in the process of development and perfection of modem nation and complex society, the police law enforcement can be done with civilization, standard and effective, for equality and justice and order are totally value of the rule of law, and effectively affect the meaning of the constitution.