作　者：江国华
关键词：人民主体；人民中心；依宪治国；宪法至上；人民立宪主义
摘　要：

在学理上，但凡“以人民为主体，并以人民为目的”的立宪主张，均可归属于人民立宪观之范畴。十八大以来，习近平同志在其一系列重要讲话或论著中，多次论及宪法议题。这些论题涉及人民主体、人民中心、人民当家作主、协商民主、依宪治国、依宪执政、宪法实施、宪法监督、宪法法律至上等诸多层面或方面。就其内在逻辑而言，这些论断内嵌着人民是制宪权主体、人民是立宪主体、人民是立宪之目的、忠于宪法、实施宪法是人民通过立宪而赋予政府的基本义务等基本命题。就其精神实质而言，这些论断不仅契合了人民立宪的精神原旨，而且进一步丰富和拓展了人民立宪的理论意涵，并对新时代宪法政治和宪法实施具有重要指导意义。

Nine Theories on the People’s Constitutionalism for New Era

Jiang Guohua (Wuhan University)

 

Abstract In academic terms, all the constitutional claims that “the people are the subject and the people are the purpose” belong to the category of the people’s constitutionalism. Since the 18th National Congress of the Communist Party, comrade Xi Jinping has repeatedly discussed constitutional issues in his series of important speeches or papers. These issues involve many aspects such as people-oriented concept, people-centered concept, the people as the owner of the country, deliberative democracy, governing by constitution, constitutional implementation, constitutional supervision, constitutional and legal supremacy. In terms of its internal logic, these theories are embedded with the following basic propositions: the people are the subject of the constitutional rights; the people are the constitutional subject; the people are the purpose of constitutionalism; constitutionalism remains, loyal to the constitution; the implementation of the constitution is a basic obligation that the people have granted to the government. In terms of its spiritual essence, these views not only conform to the spirit of the people’s constitutional principle, but also further enrich and expand the theoretical implications of the people’s constitutionalism, and have important guiding significance for the constitutional politics and implementation of the constitution for new era.

Key words people-oriented; people-centered; by the constitution; constitutional supremacy; the people’s constitutionalism

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