论宪法变迁与宪法解释

宪法变迁具有特定的含义,它不同于宪法的产生、发展和宪法修改。通过加强宪法解释等方式实现宪法变迁,避免频繁修改宪法,有利于良好宪政秩序的构建和宪法权威的树立。宪法解释是宪法变迁的一种重要方式,有其存在的必要性和可能性。基于此,应赋予最高人民法院宪法解释权,使其与全国人大常委会解释宪法的权力衔接,形成二元宪法解释体制,并为宪法变迁的实现提供制度基础和运作机制。

On the Changing and Explanation of the Constitution

There is a special meaning in the changing of the constitution, it is different from the emergence? development and amendment of the constitution. To realize the changing of the constitution and to avoid its frequent amendment through reinforcing the explanation of the constitution is beneficial to the construction of the good constitutional order and the establishment of the constitutional authority. The constitutional explanation is an important way of the constitutional changing, its existence is necessary and probable. So, the right to explain constitution should be given to the super people's court of justice, thus we can make it join the right to constitutional explanation of national people's congress and set up a two-component system of the constitutional explanation to provide system foundation and running mechanism for the realization of constitution changing.