宪法是什么?

What Is Constitution?

本文从国家与国家根本法的伴随关系到根本法与一般法律的母法子法关系 ,从宪法的起源论及宪法观念的形成与发展 ,从宪法的词语意义阐释宪法古今意义的连续性等角度 ,运用历史分析、语义分析、逻辑分析、实证分析等方法 ,揭示了当前宪法概念的根本缺陷 ,进而提出宪法概念需要重新界定。文中将宪法概念表述为 :宪法是调整法权关系 ,规范国家权力的实现形式和运行方式的根本法。通常规定国家体制、政权组织 。

This paper reveals the primary weak-points in present concept of constitution, and offers a new definition of the concept of constitution, by way of historical analyses, semantic analyses, logic analyses, and positive analyses, from the following perspectives: from the relationships between the international basic laws to the mother-son relationships between the basic law and general law, from the origins of constitution to the formation and development of the concept, and the continuity of the constitutional significance, ancient or modern. The constitution is defined as the basic law which modifies the relationships between the law and the power and which normalizes the form and operation of the realization of national power. The constitution regulates such basic political system and social system as the national system, the organization of power, and the basic rights and obligations between the state and the people.