论宪法司法化

随着我国宪政制度的发展与完善,要求宪法司法化的呼声一浪高过一浪。宪法司法化是指宪法规范由法院适用的过程,它是宪法法律性、宪法至上及保障人权的价值目标的根本要求,对宪政和法治建设具有重要意义。本文着重对我国宪法司法适用的困境及原因、宪法司法适用的理由及现状,并试从宪法司法化的意义与根据、妨碍因素及解决途径的角度加以论述。

Comments on JudiciaLzation of Constitution

Along with the development and perfection of our national constitutional system, requesting the judicature of constitution in our country has become more attractive.The judicature of constitution,originated in the United States of America,has become the widespread way around the world now.The judicature of constitution refers to the process of constitution applied in the court,which is the basic requirement of the law of constitution,the highest authority of the constitution and the value purpose of guarantying the human rights,and it also plays an important role in constructing the constitution and rules.This article emphasizes the predicament and reason of the application of the constitution and judicature and the condition,and comments on the meaning and the perspective hindering us from the significance and foundation of contitutional judicialization.