试析法国大革命时期宪政建设的教训

法国大革命时期的宪政建设存在三个方面的沉痛教训:一是在人身自由方面并未建立起真正的保障制度,表现为缺乏独立的维宪机构、相应的救济权和足以平衡立法权的司法权威,从而导致生灵涂炭。二是实行无限制的民主制,表现为复归古代的唱名、鼓掌表决,群众旁听议会辩论的无序化。三是缺少契约文化,表现为民众高于宪法的观念根深蒂固和高频率的宪法替换。

Analyzing the Lessons from the Constitutional Construction in French Revolution

In French Revolution, three profound lessons should be taken from the constitutional construction. Firstly, the security system for personal freedom didn't set up really and truly, as could be seen from the absence of the absolute safeguarding-constitution institution, relevant remedies and judicial authority which should be so powerful as to restrict the legislative. This state led to the people being plunged into an abyss of misery. Secondly, the democracy was of no restriction emerging as the retrogressively archaic vote through applause or calling the roll and as the disorder of the Mass when auditing the debating of the Parliament. Finally, the culture of contract was absent, that is, the "evil thought" that the people should outmatch the constitution was rooted and the alteration of constitution was too frequent.