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宪政必然涉及两种关系:一、国家机关之间的关系,即公共权力的分立与制衡的关系;二、政府和公民之间的关系。其中政府与公民之间的关系是宪政的主要矛盾。宪政主义意味着在政府和公民的关系中对政府进行法律限制,在被统治者的权利和自由与政府的有效运作间谋求平衡。但是,宪政的主题必然在逻辑上涉及合宪性审查的主题,这是违宪的司法救济手段。
Constitutional government must involve two kinds of relations: First, the relationship between state organs, that is, the separation and checks and balances of public power; Second, the relationship between the government and citizens. Among them, the relationship between government and citizens is the main contradiction of constitutional government. Constitutionalism implies legal restrictions on the government in the relations between the government and the citizens, balancing the rights and freedoms of the ruled with the government’s effective functioning. However, the theme of constitutional government must involve the subject of constitutional review in a logical way, which is unconstitutional means of judicial remedy.