宪法的法治价值论

On the Rule of Law's Value of the Constitution

民主宪政国家必须树立法治理想,加强法治信仰,重视法治作用,提升法治价值。宪法至上是法治价值的正当性基础,保障公民的自由与权利是法治价值的合理性前提,民主政治是法治价值的合法性保障,程序正义是法治价值的确定性条件,权力制约是法治价值的有效性机制。

The democratic and constitutional state must establish the idea of the rule of law,and strengthen the belief in the rule of law,and attach importance to the function of the rule of law,and promote the value of the rule of law. The legitimacy basis of the value of the rule of law is that the constitution is supreme,the premise of rationality about the value of the rule of law is that it guarantees the freedom and rights of citizens,the legal safeguard of the rule of law is the democratic politics,procedural justice is the deterministic condition for the value of the rule of law,the restriction of power is the effective mechanism for the value of the rule of law.