政府权力与公民权利的宪法秩序——反思立宪主义的一个视角

政府权力与公民权利的关系在宪法与宪政实践中表现为一种宪法秩序,它是宪法秩序的核心内容之一.近代以来的立宪主义片面化强调了限制政府权力以保障公民权利,忽略政府权力对公民权利的积极能动性以及二者相互关系的把握,进而难以形成一种理想的宪法秩序,现代宪法规范应注重二者双向关系,形成良性互动的宪法秩序,并通过构建具体制度加以保障.

The Constitutional Order of Government Powers and Citizen Rights--One Observation Angle of Reflecting on Constitutionalism

The relationship between government powers and citizen rights manifests a constitutional order in the practice constitution and constitutional politics. It is one core content of constitutional order. Since modern times,the constitutionalism has one-sided stress on protecting citizen rights by confining government powers and overlooked the active role of government powers and their mutual relationship. Therefore it is difficult to shape an ideal constitutional order. Modern constitutional norm should show concern over their mutual relationship and form a benign mutual promoting relationship and guarantee this relationship by concrete system.