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大多数著作都论断宪法与其他法律的关系是“母法”与“子法”的关系,但却无法解释众多的社会立法难以从宪法规定和宪法精神寻觅到其立法的正当性,是宪法的规定有所疏漏,还是对宪法的要求过高?本文试着反思传统论断,并对中国法律作出三种分类,以求理顺宪法与其他法律的关系。
Most of the works have argued that the relationship between the constitution and other laws is the relationship between the “mother law” and the “sub-law”, but it can not explain that many social legislations find it hard to find the legitimacy of their legislation from the constitutional provisions and the constitutional spirit Is there any omission of the provisions of the Constitution or is the demand of the Constitution too high? This article attempts to reflect on the traditional assertions and make three categories of Chinese law in order to rationalize the relationship between the Constitution and other laws.