宪法是一国的根本法,是一个国家政权正当性(legitimacy)的基础,也是政府(government)权力的根本来源和基本依据,在“依法治国,建设社会主义法治国家”的目标之下,宪法的重要性本毋庸置疑,因为“依法治国”当然首先应当是“依宪治国”。法治国家的经验均表明:无论想法多么不同、观点如何纷争,但理论界对该国宪法的共识却是牢不可破的,他们的学术争鸣是在承认现行宪法的前提下,围绕现行宪法的具体规范内 The Constitution is the fundamental law of a country, the basis of the legitimacy of a country’s political power, and the fundamental source and basis of the government’s power. Under the goal of “governing the country according to law and building a socialist country ruled by law,” “ There is no doubt about the importance of the constitution because ”governing the country according to law“ of course should first of all be ”governing the country according to the constitution". The experiences of the countries under rule of law all show that no matter how different their ideas or how disputes stand in their views, the consensus of theorists on the constitution of the country is unbreakable. Their academic contention is based on the specific norm of the current constitution under the premise of recognizing the current constitution