“八二宪法”的精神

The Essence of the 1982 Constitution

“宪法精神”在用语的意涵上具有多歧性,但从规范宪法学的角度来看,应可理解为贯穿于宪法规范体系或其主要结构之中的核心价值取向,一般寄寓于实定宪法上的数个概括性条款之中,构成宪法的基本原则。我国八二宪法的精神主要就体现在其所揭橥的社会主义、民主主义和法治主义这三大基本原则之上。把握八二宪法的精神,需将这三大基本原则的规范分析作为学术上的要务。而时至今日,如何在宪法精神的基本构造中“安顿”国家主义的叠影,并妥切调处其与三大基本原则之间的关系,则是我国立宪主义的又一个重大课题。

"The essence of the constitution" has multiple meanings in regard to terms, but from the perspective of the theory of normative constitution, it should be understood as the core value orientation that runs through the system of constitutional norms or its main structure. As a general rule, it is contained in several general clauses in the positive constitution and composes the basic principles of the constitution. The essence of the 1982 Constitution is mainly refected in the three basic principles of socialism, democracy and the rule of law that it reveals. To grasp the essence of the 1982 Constitution, the normative analysis of these three basic principles should be regarded as a signifcant academic task. Today, how to "settle" the overlapping shadow of nationalism in the basic structure of the constitutional essence and properly adjust the relationship between nationalism and the three basic principles is another major issue of our country’s constitutionalism.