略论我国宪法的司法化

宪法作为国家的最高法律,不能仅仅停留在记载历史事实,描述未来社会的行动纲领或者反映国家的政策主张这一层面上,而是要确立司法手段解决社会生活中产生的宪法问题。但我国现行宪法几乎一直被排除在司法领域之外,这不仅与我国社会主义市场经济体制不相适应,而且也与社会主义法治原则不相吻合。因此,必须积极推动我国宪法的司法化进程。

The Judicialization of the Constitution of Our Country

What is called judicialization of constitution is that the standard of constituion is gained universal respect in the field of judicature ,and is a process applicated by court .As the supereme law of the state,constitution can't only remain at the layer of recording historical facts ,describing programme of action of future society or reflecting policy and stand of the state,should establish judicial means to solve problem of constitution produced in social life.But the constitution of effect of our country has almost been ruled out the field of judicature,this not only isn't suited to social market economy system of our country,but also doesn't tally with the principle of ruling by law of socialism too.So must positively push the process of judicialization of constitution of our country forward.