民主是宪政法治的基础,立法民主提供了“良法之治”的先决保证。民主及立法民主主要作为程序、工具得到应有的关注,而宪法的民主表达中包含了实体、目的性的内容。立法活动除了通过现代民主程序实现立法结果的科学与善之外,还应当在宪法所规定的公民权利面前受到限制,并且应该带着促进、维护和保障权利的目的。在宪政的背景下,立法与民主内在也有一定的冲突,需要探寻实现立法程序民主与实体民主的合理途径。 Democracy is the foundation of constitutional government and the rule of law. Legislative democracy provides a prerequisite guarantee for the “rule of good law.” Democracy and legislative democracy are mainly regarded as procedures and tools for due attention. Constitutional democratic expression contains substantive and purposive content. In addition to the science and goodness of legislative results achieved through modern democratic procedures, legislative activities should be limited in the face of the civil rights stipulated in the Constitution and should be aimed at promoting, safeguarding and safeguarding their rights. In the context of constitutionalism, there is also some conflict between legislation and democracy, and it is necessary to find a reasonable way to achieve democracy in procedural law and substantive democracy.