宪法典中公民权利与国家机构位次之辨正

近些年来,有部分学者主张,在宪法典中,国家机构宜排在公民权利之前。从根本上讲,公民权利与国家机构的位次不仅仅是一个形式问题,而且涉及到制宪者对个人权利与国家权力之间关系的不同理解。主张至少在宪法典正文中宜将公民权利排在国家机构之前的主要理由是:这种位次可以更好地表示公民权利高于且重于国家权力,更好地体现个人权利先于并产生国家权力的逻辑关系,更好地反映国家权力来自于并服务于个人权利的宪法观念。

Discrimination of the Order between the Citizen Rights and the National Agencies in the Constitutional Code

In recent years,some famous scholars advocate that the national agencies should be arranged before the citizen rights in the constitutional code.In essence,the order between the national agencies and the citizen rights is not only a formal problem,but also involving different understanding of the relation between the personal rights and the national powers by constitution makers.The reasons for advocating that the citizen rights should be arranged before the national agencies in constitutional code are described in that the order can show the citizen rights are more advanced and important than the national powers,and that it embodies the logic relation that the citizen rights produce the national powers better,and that it also reflects the constitutional idea that the national powers originate from and devote to citizen rights.