宪法的演进及其方法

The constitutional evolution and Its manners

宪法演进包括重立、修改、补充、解释等方式的交叉应用。但中国近百年的宪法史却形成了以重立为主要方式的演进传统。这种传统对和平时期的法治有很大的危害,难以使宪法拥有权威。因而,对宪法演进的重立手段应当慎用;对修改和补充应当在充分论证的基础上运用(或者少用);对解释手段则应当充分重视,将其当做保持宪法稳定性、权威性的措施和协调社会变迁关系的重要方法。

The constitutional evolution could include the intersectant applications of such manners as rebuilding, amendment, and interpretation. However, the tradition of evolution of China's constitutions has been characteristic of repeated rebuilding as the main manner in the last 100 years. In this tradition, the authority of constitution could not be established because it endangers the lawful rule in the peacetime period. For this reason, it is suggested that rebuilding as the manner of constitutional evolution should be used cautiously and the manner of amendment should be adopted on the basis of full demonstration. As a result, the manner of interpretation, an important way to harmonize some relations of social development, should be employed more as an important measure to support the stability and authority of constitution.