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宪法适用是将宪法的强制性由潜在转化为现实的关键环节,也是宪法最高权威显现的必由之路。我国现行宪法总结了建国以来的经验和教训,对宪法适用制度进行了一定的完善,为保障宪法的权威,实现国家法制的统一奠定了基础。我国宪法适用制度包括宪法适用机关、宪法适用内容、宪法适用的提起等方面,但也存在着法律没有明确纳入宪法审查的范围之中、基本权利受到侵犯无法提起宪法诉讼进行救济的问题。因此,在法治国家建设的过程中,宪法适用制度还有进一步发展完善的必要。
The application of the constitution is the key link that turns the compulsion of the constitution from potential into reality. It is also the only way to show the supreme authority of the constitution. The current constitution of our country summarizes the experience and lessons since the founding of the People’s Republic of China and has made certain improvements to the system of constitutional application, laying the foundation for the unity of the state legal system in safeguarding the authority of the Constitution. The application of the constitutional system in our country includes the constitutional application organs, the constitutional application content and the application of the constitution. However, there are also some problems that the law can not be brought into the scope of the constitutional review and that the infringement of the fundamental rights can not bring the constitutional litigation for relief. Therefore, in the process of building a country under the rule of law, there is still a need for the constitutional system to be further developed and perfected.