宪法的哲学之维

宪法是用以调整公民与国家之间冲突的法律规范。权力和权利的关系协调问题贯穿于宪法的始终,二者的有机协调是宪政秩序得以型构的前提基础。公民与国家的这样一种冲突关系,表现在宪法中,就是限权与保权的关系。它作为宪法的调整对象,表现出双重的属性:立足于已然之冲突,宪法应着重于矫正;立足于未然之冲突,宪法应着重于规制。矫正与规制的关系及其解决,成为宪法哲学的基本问题。宪法哲学的一切命题都由此展开,并为此服务。

Philosophic Perspective in Constitution

Constitution is the criterion of law by which we could regulate the conflict between citizens and state. How to correspond power and rights runs through the constitution all the time, and it is the precondition to construct the constitutional system. Materially, the conflict between citizens and state is such relations as restricting power and protecting rights in constitution. As the object regulated by constitution, the nexus has two attributes. And so, the aforementioned relation and the regulation to settle it become the basic question of constitutional philosophy. All propositions of constitutional philosophy outspread from these and serve for them.