论文部分内容阅读
宪法学之研究大致基于三个层面:价值宪法学、规范分析宪法学和宪法解释学,公允说,当前宪法学之研究还多停留在价值宪法学与规范分析宪法学层面的研究上,宪法解释学虽然有了一定的研究,但尚未成为一种学术主流。在依法治国就是依宪治国、依法行政就是依宪行政的当下,必须把宪政所蕴涵的真理性价值转换为制度性的选择与建构;学术界的贡献则主要是为国家宪政机制提供一套得以运行的方法,这套方法就是宪法解释,研究这套解释方法的学问就是宪法解释学。因此,走向宪法文本自身的解释,就是关乎宪法学研究方法转型的大问题,也是确立宪法解释学的核心与关键问题。
The research of constitutional law is based on three aspects: the value constitutional law, the normative analysis of constitutional law and constitutional hermeneutics, the fairness that the current constitutional law research still stays in the study of value constitutionalism and normative analysis of constitutional science, the constitutional interpretation Although there has been a certain amount of research, it has not yet become an academic mainstream. To rule the country by law is to govern the country according to the constitution and to administer the country according to the law is the moment of constitutional administration. Therefore, the truth value embodied in the constitutional government must be transformed into the institutional choice and construction. The contribution of academia is mainly to provide the constitutional mechanism of the state with a The method of operation, this method is to explain the constitution, the study of this method of interpretation of knowledge is constitutional hermeneutics. Therefore, the interpretation of the constitutional text itself is a major issue related to the transformation of the research methods of constitutional law, and also the core and key issue of establishing constitutional hermeneutics.