宪法合法性问题研究

An Approach to the Legality of Consitution

宪法合法性是宪法至上权威的前提和基础。不具有合法性的宪法,人们没有义务遵守它,不仅如此,人们还会采取各种暴力或非暴力的方式予以抵制,这样的宪法终究不能长久存在下去。宪法合法性是由人民赋予的,宪法必须体现人民的共同意志和要求,切实以维护人民的权利和自由为己任。唯有如此,宪法才能真正树立起最高权威,发挥其在法治国家中的主导作用。

The legality of constitution is the presupposition and base of its supreme authority. People have no obligation to obey a constitution without legality but have the right to resist it by various means of violence or non -violence, and nothing can perpetuate such a constitution. People only confirm such constitution that embodies their common will and basic demands and safeguards their rights and liberty. And only people - confirmed constitution has supreme authority and can play a major role in a state ruled by law.