宪法为什么要诉讼

宪法诉讼重视在法律实践中调动社会一切力量发现法律违宪的问题,对法律实践的尊重意味着人类承认有自己未知的领域存在,承认法律与人们的利益息息相关。宪法诉讼要求在法院解决问题,违宪审查是一个法律问题,应当用法律的方式、在法院、由法官们来决定。宪法诉讼是群众发现法律问题的智慧和法官解决法律问题的智慧的有机结合。

Why Constitutional Cases Can Be Litigated

Constitutional litigation attaches much importance on the issue that we should try our best to find unconstitutional laws in legal practice. If the people show respect to the legal practice, they must believe that unknown fields exist and law has much connection with the people's interest. Constitution litigation means that all legal issues should be solved in the court. Review of constitutionality is a legal issue, and judges should determine it by legal ways. Constitutional litigation is a combination by the wisdom of common people when they find laws and that of judges when they solve legal issues.