宪法的溯及力论纲

宪法的溯及力属于宪法法律效力的范畴,是宪法时间效力的一种。关于宪法溯及力,国内外研究成果极其鲜见。在宪政秩序较为发达、违宪审查机制较为成熟的国家,宪法的效力尤其是其溯及效力,已在司法实践中发挥了重要作用。只有对宪法溯及效力进行系统的理论分析,并切实提出其发挥现实作用的机制建构,才能对我国发展宪政、构建和谐社会有所裨益。

Analysis about Retroactive Effect of Constitution

Retroactive effect of constitution is one of validity in time of constitution.Finding itself in the category of the legal effects of constitution,on which very little research has been made or touched domestically as well as abroad.In the country of well-developed constitutional order and fully-matured constitutional review mechanism,however,the effect of the constitution,especially its retroactive effect,has played a very important role in judicial practice.As a result,there is every reason to systematically analyze the retroactive effect of constitution and construct the mechanism which enables to ensure its full play,thereby helping to develop constitutional order of our own country and build a harmonious society.