论文部分内容阅读
行政法与宪法关系的研究缘于中国公法和宪政发展的现实需要。从中外行政法治的具体实践中可以看出,行政法与宪法之间是一种互动关系,即宪法原则、精神指引着行政法的发展,行政法则对宪法起到了落实、补充和发展作用,并推动着宪法自身的修改和完善。为了防止行政法与宪法互动关系的失衡,一方面,我国宪法必须积极回应行政法发展所提出的挑战;另一方面,必须尽快建立行之有效的违宪审查制以维护宪法的至上权威。
The research on the relationship between administrative law and the constitution stems from the realistic needs of the development of Chinese public law and constitutional government. As can be seen from the concrete practice of Chinese and foreign administrative law and order, there is an interactive relationship between administrative law and the constitution, that is, the constitutional principle and spirit guide the development of administrative law. Administrative law has played a role in implementing, supplementing and developing the constitution. Promote the constitutional amendment and perfection. In order to prevent the imbalance between the administrative law and the constitutional interaction, on the one hand, our country’s constitution must respond positively to the challenges posed by the development of administrative law; on the other hand, we must establish an effective constitutional censorship system to safeguard the supremacy of the constitution as soon as possible.