论文部分内容阅读
依法治国是我国既定的治国方略,法治首先表现为宪政。维护宪法的相对稳定性价值、绝对至上性地位进而树立宪法权威,是宪政制度设计的内在要求和逻辑结果。在宪法变迁过程中,现代立宪主义国家在作出是否修宪的决定时无不保持高度审慎和克制的态度,并以穷尽释宪可能性为必要前提。然自建国以来,在宪政实践中所形成的“政策性修宪”惯例,导致我国修宪过于频繁,如从中共十三大到十六大,四次党代会都直
Governing the country according to law is a well-established national strategy for governing the country. The rule of law first manifests itself as constitutional government. Maintaining the relative value of the stability of the constitution, the absolute supremacy of nature and the establishment of constitutional authority are the inherent requirements and logical consequences of designing the constitutional system. In the process of constitutional change, modern constitutionalist countries always adopt a highly cautious and restrained attitude when making a decision on whether to amend the constitution, and make the necessary prerequisite for exhaustion of constitutional release. However, since the founding of the People’s Republic of China, the “policy of constitutional amendment” formed in the practice of constitutional government led to the frequent constitutional amendment in our country. For example, from the 13th CPC National Congress to the 16th CPC National Congress,