关于宪法的适用问题

宪法集中体现法治的精神 ,法治需要适用的宪法。法院适用宪法与法院不享有违宪审查权并不矛盾。司法权固有的性质、特点决定了法院在适用宪法中的重要作用。法院适用宪法是有条件的 ,法院应在缺乏其他法律依据或法律规范之间存在矛盾时适用宪法。法院适用宪法不仅可以弥补现行宪法监督机制的不足 ,保障公民的宪法权利 ,而且可为违宪审查制度的建立积累经验。

Study on the Issue of Application of Constitution

Constitution embodies the rule of law, and in this sense constitution should be applicable. Applying constitution by court doesn't conflict with the absence of the right for unconstitutional review from court. It's the inherent nature and characteristics of jurisdiction that makes court play the significant role in applying constitution.The application is conditional, that is, it might be practicable, in case of lacking legal evidence or disagreeing with each other by lawful regulations. The application by court might not only compensate for the deficiencies in the present system of supervision of constitution, but also ensure citizens' enjoyment of the constitutional rights. In addition, it can accumulate useful experience for the final establishment of the system of unconstitutional review.