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成文宪法制的核心是成文宪法的最高法律效力,而制宪权意志、实定宪法与宪法法(成文宪法规范)则构成把握成文宪法最高法律效力的三个层次。成文宪法的实定宪法应当符合制宪主体的制宪权意志,而且要具有明确性与稳定性,只有这样,成文宪法规范的最高法律效力才有保障。五四宪法所反映的实定宪法是不完整的,这种妥协性使得实定宪法被后来的政治运动做了反向修改。八二宪法维护了五四宪法所表达的实定宪法,以社会主义为政治原则并基本确定了依法治国的治理方式,成文宪法才得以发挥其最高法律效力。常在的制宪机关会威胁到实定宪法的稳定性,因此为成文宪法所排斥。进一步而言,即使人民的制宪权也不利于实定宪法的稳定,它同样是为成文宪法所警惕的对象。
At the core of the written constitutional system is the supreme legal effect of the written constitution, and the constitutional power of will, the substantive constitution and the constitutional law (written constitutional norms) constitute the three levels of grasping the highest legal effect of the written constitution. The Constitutional Constitution of a written constitution should conform to the will of the constitutional body of the constitution, and must be clear and stable. Only in this way can the maximum legal validity of written constitutional norms be guaranteed. The actual constitution as reflected in the May 4th Constitution was incomplete. Such compromise made the actual constitution reversed by later political campaigns. The August 2 Constitution upheld the decisive Constitution expressed in the May 4th Constitution. With the socialist principle as its political principle and the basic principle of governing the country according to law, the written Constitution was able to exert its supreme legal effect. The constitutional organs that are often under threat pose a threat to the stability of a substantive constitution and are therefore excluded from written constitutions. Furthermore, even if the constitutional power of the people is not conducive to the stability of the constitution, it is also the object of vigilance of the written constitution.