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合宪性解释有两种含义,既有违宪审查层面又包含普通法律案件的审判层面。合宪性解释的论争的焦点,在于合宪性解释能否作为宪法在司法领域实施的方法。在论争的催生下,有学者提出“依宪解释”。依宪解释是一种法律解释的方法,也是宪法在司法领域实施的方法。依宪解释具有其正当性、合法性,也存在局限性。
There are two meanings to constitutional interpretation, which include not only the constitutional review but also the judicial aspects of ordinary legal cases. The focus of the debate on constitutional interpretation lies in whether constitutional interpretation can be used as a method of implementing the constitution in the field of the judiciary. In the birth of the debate, some scholars put forward “constitutional interpretation ”. Constitutional interpretation is a method of legal interpretation, but also the method of constitutional implementation in the field of justice. According to constitutional interpretation has its legitimacy, legitimacy, there are limitations.