宪法解释:一种拯救中国宪法权威性的方法--读范进学教授著《宪法解释的理论建构》

依法治国的前提是依宪治国。在当下中国,依法治国方略虽然被写进了宪法,但宪法却没有得到很好的适用,宪法仍然缺乏必要的权威性。《宪法解释的理论建构》一书充分论证了“释宪演进模式”较之“立宪演进模式”在提高宪法权威方面的优越性,并从界定宪法解释的概念入手,对宪法解释的场合、主体、目标和原则做了令人信服的论证。尽管《宪法解释的理论建构》没有解决宪法解释的方法等技术层面上的问题,但该书对宪法解释主体的界定和对解释原则的论证已经为宪法解释的技术性研究扫清了理论障碍。

Constitutional Interpretation: A Method of Rescuing the Constitution's Authority

"Rule of Law" is premised by "Rule of Constitution".The most conspicuous paradox in China's process of "Rule of Law" is that our Constitution has not been applied due to its lack of authority since "Rule of Law" was stuffed into the constitution.The book"The Theoretical Construction of Constitutional Interpretation" has filled the theoretical gaps in constitutional interpretation field in that it demonstrates convincingly that evolutionary pattern of constitution through interpretation surpass that of constitution through modification,in that it defines the concept of Constitutional Interpretation afresh,in that it designates the occasion,screens the subject,describes the objective and conceives the principle.The book has paved the way for technological research on China's judicial review system by its screening of interpretational subject and its conception of interpretational principle,though it does not involve technological questions such as interpretational methods.