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宪法与一般法律一样也有可诉性之特性,宪法的司法化也将是真正实现法治保护权利的必由之路。现在大部分国家都尽力把宪法纳入司法轨道,但是各国在宪法司法化方面的构建体制所采用的模式与各国的政权制度、历史背景等有关,主要有司法审查、议会审查、专门机构审查等。我国是议政合一的政权模式,要在广泛吸收各国有益经验基础上,立足本国实际,逐步构建和完善我国的宪法司法化进程。
The Constitution, like general laws, also has the characteristics of suitability. The judicialization of the Constitution will also be the only way to realize the legal protection of the rights. At present, most countries try their utmost to bring the constitution into the track of justice. However, the mode adopted by various countries in constitutionalizing the judiciary has something to do with the regimes and historical backgrounds of various countries. The major ones include judicial review, parliamentary review, and review by specialized agencies. Our country is a political model of the unity of politics and politics. On the basis of extensively absorbing the beneficial experiences of various countries, our country bases itself on the reality of our own country and gradually builds up and consummates the process of constitutional justice in our country.