论宪法精神的概念

宪政离不开宪法的实施 ,但并非所有宪法的实施都必定达到宪政 ,因为有时成文宪法典中规定的内容与宪法精神所追求的理念之间存在矛盾。而宪法精神是一个重要的宪法学概念 ,它是国家权力体制人本化的价值追求在宪法中的反映 ,它统率宪法的基本内容 ,贯穿宪法的始终 ,并通过宪法原则、规范和规定集中表现出来 ,是宪法的真正本质和核心。

Research Into the Essence of Constitution

Constitutionalism is indispensable from the implementation of constitution. However, it is not often the case that constitutionalism can be realized through the implementation of constitution; because there exists contradiction between the rules in the recorded constitution and the idea contained in the essence of constitution. The essence of constitution is an important concept in the field. It holds the view that the essence of constitution is the reflection of humanization of the state power system in the constitution and it governs the basic content of constitution. The essence of constitution is intensively manifested through the principles, norms and regulations of constitution and it is the nature, the core of constitution as well as the guiding principle of the establishment.