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宪法的司法适用性是宪法发展趋势之一,受宪法的法律特性及司法机关的性质、活动方式所决定,宪法在司法活动中予以适用是必然的。中国宪法目前在司法活动中还不具有适用性,致使宪法的根本法地位及宪法与人们之间的密切联系不甚明朗。要从制度上解决这一问题,首先必须从观念上和理论上深入研究制宪权与立法权的关系、民意代表机关与民意的关系、一机关有权监督另一机关是否必然凌驾于后一机关之上等问题
The judicial applicability of the constitution is one of the trends of constitution development. It is determined by the legal characteristics of the constitution, the nature of the judiciary and the mode of activity. It is inevitable that the constitution should be applied in judicial activities. At present, the Chinese constitution does not have applicability in judicial activities, which makes the constitutional fundamental law status and the close relationship between the constitution and people unclear. To solve this problem systematically, we must first study the relationship between constitutional power and legislative power, the relationship between public opinion and public opinion, ideally and theoretically, and have the right to supervise whether or not another organ necessarily overrides the latter Above the authority and other issues