宪法实践中的违宪形态研究

违宪是特定的宪法现象,其内涵是确定的。但在判定违宪与否的统一标准下,违宪的形态是多样的,如果以违宪主体为标准、以违宪行为为标准、以违宪作为行为为标准、以违宪审查的方法为标准进行分类,可以将其划分为不同的形态。对于良性违宪与恶性违宪、直接违宪与间接违宪、广义违宪与狭义违宪这些中国宪法学研究中出现过的违宪分类方法,则应从科学、规范的角度进行再分析。

On the Forms of the Unconstitutional

The Unconstitutional is a particular constitutional phenomenon, which is of a definite meaning. However, under a unified standard that may identify whether an act violates the Constitution, the forms of the unconstitutional varies. With four classes of standards such as the subject in the unconstitutional, the behavior in the unconstitution, the unconstitutional act and the methods of constitutional review, the unconstitutional can be classified into various categories. With regards to the different classification methods such as the Unconstitutional in good faith or vicious Unconstitutional, direct or indirect Unconstitutional, Unconstitutional in a narrow or broad sense, etc. which have occurred in the constitutional study in China, a more scientific and normalized approach will be introduced into the reanalysis of these classifications in this paper.