宪法概念的分析

宪法经历了从古代宪法、近代宪法和现代宪法的变迁 ,三者之间既有历史的延续性 ,又有内涵上的差异性或发展 ,民主、宪政是否必然成为宪法的构成因素值得进一步的考究。中国传统的宪法概念不再具有充分的说服力 ,宪法概念应该回归宪法的本质 :确立国家权力的实现形式 ,规范国家权力的运行。新的宪法概念将对宪法的理论研究及其实践产生重要意义。

An Analysis of the Concept of Constitution

Constitution, which characterizes not only by their historical continuity but also by some varieties and developments in their content, has experienced its development from its ancient, modern and contemporary forms. It is worth further studying on the thought that democracy and constitutionalism are the factors of constitution. The traditional concept of constitution is not satisfying any longer. The concept should reflect the nature of constitution, that is, establishing the forms of state power and regulating its function. The new concept will work properly both on the theory of constitution and its practice.