论宪法规范的效力

On Effect of Constitutional Norm

无论从立宪角度还是司宪角度来看,宪法规范都应当具有普遍直接的效力。这是宪法法律性的必然推论,也是宪政的内在要求。宪法规范在公法领域的效力是绝对的,公民基本权利对抗国家的效力是无限制的,但宪法规范在私法领域的效力则是很有限的。

Constitutional norm must be of general direct effect in either constitutionalismor administration of constitution, which is a necessity of constitutional legality as well as an intrinsic requirement of constitutionalism. It is of absoluteeffect in the realm of public law, while in the realm of private law it is of limited effect, although citizen's basic right is limitless in antagonism towardstate effect. In China the practice of constitutional norm effect outstrips thetheory, and its implementation in court of law outstrips the constitutional experience of other countries with suspicion of deviation from constitutionalist theories.