条约本是最重要的国际法渊源,但据说也能发挥宪制作用甚至成为宪法渊源,这是当代条约立宪主义学说的肯綮。通过对四国五个案例和中英两大宪法学传统的比较分析可以发现,当代条约立宪主义学说的产生虽然有其特定的法制、认识论和政治条件,着力勾画为“条约”所保护的“历史权利”及其背后的规范世界,但站在实定法的立场上评断,条约立宪主义所重视的“条约”并不具有凌驾性,它们并非所在宪制的组成部分。对古老“条约”的重新发现,乐观地说是重奏一曲法制史学的悠扬挽歌,悲观地说只是效果堪虞的政治活动,就好像《水浒传》中柴进要祭出祖传“丹书铁券”来对抗朝廷差遣。 Although the treaty was the most important source of international law, it is said that it can also play a constitutional role and even become a source of the constitution. This is the justification of the contemporary treatise on constitutionalism. Through the comparative analysis of the five cases in the four countries and the two constitutional traditions in China and Britain, it can be found that although the emergence of contemporary doctrine of constitutionalism has its own specific legal system, epistemology and political conditions, However, standing on the position of actual law judges that “treaties” attached to treaty constitutionalism are not overbearing and that they are not part of the constitutional system in which they belong. The rediscovery of the ancient “Treaty ” is optimistic to say that it is a melodious song of the legal historiography with solemnity. Pessimistically speaking, it is only a political activity with a pompous effect. It seems that Chai Jin in the Water Margin would sacrifice his ancestry. Dan book iron coupons "to fight the court sent.