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进入21世纪,要使我国社会和政府认真对待宪法学,宪法学本身就须认真对待自己的规范价值。这一问题分为两个层面:第一是正视事实与价值、实然(is)与应然(ought)的冲突,在矛盾的意识中发展宪法学;第二是进而正视价值原理自身的内在冲突,把握21世纪我国宪法学应有的价值取向。就第一个问题而言,窃以为:20世纪我国宪法学的主要盲点就是没有意识到事实与价值、实然与应然之间的紧张关系。在20年来法制重建的历程中,起初一些学者习惯于从应然命题中推断出实然命题,如详
In the 21st century, for our society and government to take constitutional law seriously, constitutional law itself must take seriously its normative values. The problem is divided into two levels: the first is to face up to facts and values, the conflict between real and ought, and the development of constitutional law in the contradictory consciousness; the second is to face up to the inner of the value principle itself Conflict and Grasp the Value Orientation that Our Constitution Should Have in the 21st Century. As for the first question, the theft is that the main blind spot in the constitutional study of our country in the 20th century was the lack of awareness of the tension between facts and values, and indeed and should. In the course of legal reconstruction in the past 20 years, at first some scholars were accustomed to inferring the true proposition from the due proposition, as