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随着社会生活的日趋复杂,公民法治意识的增强,涉及公民宪法性基本权利被侵害的诉讼日益增多。要改变长期以来形成的无具体法律规定不予受理,公民基本权利受侵害无法救济的状况,宪法司法化即允许法院直接引用宪法进行判案,是当然选择。我国的宪法司法化应不同于西方国家违宪审查意义上的宪法司法化,赋予最高人民法院以宪法如何适用的解释权是我国宪法司法化的根本路径。
With the increasingly complicated social life and the increasing awareness of the citizens on the rule of law, the number of lawsuits involving violations of the constitutional fundamental rights of citizens has been increasing. It is of course an option to change the long-established situation in which no specific legal provisions are inadmissible and the basic rights of citizens are infringed and can not be remedied. The judicialization of the Constitution allows the courts to directly refer to the constitution for adjudication. The constitutional judicialization in our country should be different from the constitutional judicialization in the sense of unconstitutional review in western countries. It is the fundamental path to judicialize the constitutionalization of our country by giving the Supreme People’s Court the power of interpretation of how the Constitution is to be applied.