依宪治国视域下国家权力的建构与控制
发布时间:2018-07-14 17:46
【摘要】:正作为宪法的核心原理和宪法学的一个永恒论题,依宪治国本质上就是依据一种建构或确认国家组织和权力、保障公民权利和自由的宪法而展开国家的治理。其目的就是通过宪法的实施,把宪法从政法性文本转换为社会性事实,使宪法在应然性和实然性的双重维度上得以调整政治关系并规制政治过程。与此同时,依宪治国也是法治国家的本质特征。法律的统治表现为良善的法律获得普遍的遵守与服从。而宪法作为根本大法,居于一个国家的
[Abstract]:As the core principle of constitution and an eternal topic of constitutional jurisprudence, governing by constitution is essentially based on a constitution that constructs or confirms national organization and power and guarantees civil rights and freedoms. Its purpose is to change the constitution from the political and legal text to the social fact through the implementation of the constitution, so that the constitution can adjust the political relationship and regulate the political process in the dual dimensions of the nature of necessity and reality. At the same time, governing the country according to the constitution is the essential characteristic of the country ruled by law. The rule of law is that good laws are generally observed and obeyed. The Constitution, as the fundamental law, resides in a country.
【作者单位】: 西北政法大学行政法学院;
【基金】:“法治建设与法学理论研究部级科研项目成果”(项目编号:09SFB2009)
【分类号】:D921
[Abstract]:As the core principle of constitution and an eternal topic of constitutional jurisprudence, governing by constitution is essentially based on a constitution that constructs or confirms national organization and power and guarantees civil rights and freedoms. Its purpose is to change the constitution from the political and legal text to the social fact through the implementation of the constitution, so that the constitution can adjust the political relationship and regulate the political process in the dual dimensions of the nature of necessity and reality. At the same time, governing the country according to the constitution is the essential characteristic of the country ruled by law. The rule of law is that good laws are generally observed and obeyed. The Constitution, as the fundamental law, resides in a country.
【作者单位】: 西北政法大学行政法学院;
【基金】:“法治建设与法学理论研究部级科研项目成果”(项目编号:09SFB2009)
【分类号】:D921
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