宪政概念辨析

The Concept of Constitutionalism

在现代西方政治学说和宪政理论中,宪政论的核心问题是对政治权力进行限制。20世纪90年代以来,中国法学界对宪政的解读呈现出多种话语。宪政是以良宪为前提,民主为基石,法治为载体,人权实现为宗旨的一种政治理念、政治形态或政治过程。因此,把握宪政的真谛,必须剖析宪政与宪法、民主、法治和人权的关系。

According to modern political theories, the essence of constitutionalism is to limit the political power. Since the 1990s, there have been many interpretations of constitutionalism in Chinese law circle. Constitutionalism, which uses good constitution as the premise, is based on democracy, and aims at realizing human rights through rule by law, is a political definition, form or process. Obviously, it is necessary to inquire into the relationships between constitutionalism and constitution, democracy, rule by law and human rights in understanding constitutionalism.