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行政法对于完善宪法具有非常深远的意义,其积极功能非常明显,包括基本权利的实现、适用以及补充功能等。基于人权以及法治的理念,行政法正积极构建服务行政法。“权利入宪”很容易会带来诉讼救济缺失以及权利虚化等弊端。因此行政法应该在原来基础上扩大诉讼的范围,完善制度保障体系。同时,宪法的适用不应该仅仅局限于“不得与宪法相抵触”或者“根据宪法规定”等等,而应该在处理行政事件时将宪法的制度、原则以及理念等作为“根据规范”。宪法的原则性、概括性等因素为行政法“补充”宪法提供了有利的空间。基于此,本文在参阅了诸多相关资料和文献的基础上,结合自身所学的知识和浅薄见解,主要从行政法对宪法的理念制度化、权利实现、动态化以及适用、补充和拓展等这几方面的积极功能展开探讨。
Administrative law has very far-reaching significance for perfecting the constitution, and its positive functions are very obvious, including the realization, application and supplementary functions of basic rights. Based on the concepts of human rights and the rule of law, the Administrative Law is actively constructing the service administrative law. “Rights into the Constitution ” It is easy to bring the drawbacks of litigation remedies and the weakness of the right and other shortcomings. Therefore, the administrative law should be based on the original expansion of the scope of litigation, improve the system of security system. At the same time, the application of the Constitution should not be confined to “not incompatible with the Constitution” or “according to the Constitution” and so on, but should be based on the constitutional system, principles and concepts as the basis for handling administrative incidents specification“. Constitutional principle, generality and other factors provide favorable space for the administrative law ”supplement " constitution. Based on this, this article, based on a lot of relevant information and literature, combined with the knowledge and superficial knowledge I have learned, mainly from the administrative law to institutionalize the constitutional concept, the realization of the rights, the dynamic and the application, supplement and expansion, etc. Several aspects of the positive features to explore.