比例原则在我国运用于宪法学的可行性初探

比例原则起源于德国。近年来在世界各国得到不 同程度的实践。广义的比例原则包括适当性原则、必要性原 则和狭义的比例原则。其重点是对具体法益的衡量。在我 国,比例原则备受行政法学界重视,但是对该原则在宪法中 的运用却少有问津。本文旨在通过对该原则的简要介绍和 分析,论证这一行政法上的“帝王原则”为我国宪法所采用 的可行性。

Study on the application of the proportion principle in our constitution

The Principle of proportion originated in Germany and has received practices in many countries recently. Broadly-defined Principle of proportion includes appropriate principle, necessity principle and narrowly-defined Principle of proportion. The main point is its measurement of concrete law benefit. In our country, we have paid attention to this as a principle of Administrative Law, but we know little about it as a principle of the constitution. Through introduction of this " Emperor Principle ", this article aims at proving the feasibility of applying this principle in the constitution of our country.