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中外宪法的历史表明,监督宪法实施比制定宪法更为重要。正因为如此,世界各立宪国家大都根据本国国情设立和完善相应的宪法监督机构。在我国,宪法规定,由全国人民代表大会及其常务委员会监督宪法的实施。从理论上讲,采用这种监督模式最能保证宪法监督的权威性和有效性,然而,由于种种原因,在实践中全国人大及其常委会在监督宪法实施方面所发挥的作用并不尽如人意,于是,顺应健全宪制和依法治国的要求,在保持现有监督机构稳定的基础上增设宪法法院成为最具可行性的选择。
The history of the Chinese and foreign constitutions shows that it is more important to supervise the implementation of the constitution than to formulate the constitution. Precisely because of this, most of the constitutional countries in the world have set up and perfected the corresponding constitutional supervisory bodies according to their national conditions. In our country, the Constitution stipulates that the National People’s Congress and its Standing Committee shall supervise the implementation of the Constitution. Theoretically speaking, adopting this mode of supervision can best guarantee the authority and effectiveness of constitutional supervision. However, due to various reasons, the role played by the NPC and its standing committees in supervising the implementation of the constitution is not complete Therefore, complying with the requirements of sound constitutionalism and governing the country according to law, it is the most feasible choice to establish a constitutional court on the basis of maintaining the stability of the existing supervisory bodies.