西方国家政党与宪政关系探析

从近代西方的立宪史来看,政党曾被作为派系斗争的工具或纯粹的市民社会组织,而为立宪实践所敌视或漠视。随着政党国家现象和政党异化现象的出现,通过立法实践和司法实践将政党纳入宪政体制之中遂成为现代西方立宪实践的潮流。从政党与宪政的逻辑关系来看,现代西方国家普遍认为政党不仅是基于公民自由结社的市民社会组织,更因其组织的准国家机构特性和党权的准公共权力性质而在宪政体制中发挥着不同于一般市民组织的宪政功能,理应获得"宪法机构"之公法地位,成为宪政规范的对象。

A Binary Analysis of Relationship between Political Party and Constitutionalism in the West Countries

Viewed from the constitutional history of the West, the political party was once antagonized or treated with lukewarmness by the constitution practice as a tool of clique struggle or as an out - and - out civil society organization. With the appearance of the party - state and party alienation phenomenon, the political party is taken into constitutional system by means of legislation practice and jurisdictional practice and thereby become a trend of western constitution practice in the world. Viewed from the logical relation between the political party and constitution, the modern western countries generally maintain that the political party is not only a civil society organization based on freedom of association of the citizen, but also has constitutionalism function different from that of ordinary civil organization in the constitutionalism system. This is because of the characteristic of state organization - to - be and the property of public authority - to - be of party power. That is why the political party should be deemed as the public law status of ＂constitutional agency＂ and become the object of constitutionalism standardization.