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一、比较研究的意义政治必须遵循一定的规则这一事实,暂且不论其是否被明确地意识到,它存在于所有的社会中。宪法这一“企划”的渊源也正在于此。不过,近代立宪主义所构想的“宪法”虽然保留了这一渊源性质,但同时在许多方面也显示出它本身所具有的突出特征。第一,宪法被明确地认为是一种人为制定的规则,即宪法是人制定的规则。第二,宪法被赋予了明确的目的。既然意识到要“制定”宪法,那么对其目的的认识也是理所当然的事情。问题是该目的的内容是什么。众所周知宪法的目的在于自然权的保障。自然权、自
First, the significance of comparative research Politics must follow certain rules of the fact, for the time being regardless of whether it is clearly aware that it exists in all societies. This is the origin of the constitution “planning”. However, although the Constitutional Constitution as conceived by modern constitutionalism retains this originality, it also shows in many respects its salient features. First, the Constitution is explicitly considered as a man-made rule, that is, the constitution is a rule set by man. Second, the constitution has been given a clear purpose. Since you realize that you want to “formulate” a constitution, understanding your purpose is also a matter of course. The question is what is the purpose of this. It is well known that the purpose of the constitution lies in the protection of natural rights. Natural rights, since