以宪法概念思维:规范是如何发现的?

以宪法概念思维 ,以发现问题和解决纠纷为取向 ,既是进行宪法学理论研究 ,也是实施宪法、解决宪法问题的客观需要。宪法概念就是宪法规范。宪法思维就是法官在宪法规范与宪法事实之间的规范涵摄过程 ,其目的是在宪法纠纷和疑难案件中确立价值 ,发现规范 ,在个案中实现正义 ,因而宪法思维也是一个新规范的证立过程。以宪法概念思维 ,可以增进法律人对各种宪法规范属性的认识 ,提高对宪法规范的诠释和理解能力 ,并在此基础上发展宪法 ,进而通往沟通与理解之路。

Thinking With Constitutional Concepts:How Norms Are Discovered?

Thinking with constitutional concept for finding question and settling case is the need for both constitutional research and enforce, settle constitutional questions. Constitutional concept is constitutional norm. Constitutional thinking is the process which judge subsumtion between constitutional norm and fact that the end is to establish value and find norm in constitutional case, it also a process to testify a new norm. Thinking with constitutional concept would improve the ability to interpret and understand about the norm of law man, as well as recognize the nature of vary constitutional norm, develop constitution with this foundation and toward the road to communicate and understand.