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开 本: 16开包 装: 平装是否套装: 否国际标准书号ISBN: 9787542641182
“目录
章
民主与共和····························································9
节
民主·································································9
什么是民主？························································9
定义“民主”不容易···············································9
民主的起源·····················································10
罗马共和制·····················································13
宪政自由民主···················································14
代议制民主·····················································16
现代民主及其发展···············································18
现代民主的含义·····················································19
民主的实现形式·····················································27
直接民主·······················································27
间接民主（代议制民主）·········································28
民主集中制·························································29
实行民主集中制的必然性·········································29
民主集中制的概念与实质·········································31
民主与民主集中制的关系·········································36
“民主集中制原则”宪法文本解读·································38
第二节
共和································································46
一、“共和”的起源·······················································46
二、古典民主共和与现代自由共和··········································50
三、民主与共和之精神比较················································52
第二章
宪法与法治····························································54
节
宪法································································54
宪法的起源与演进···················································54
（一）西方宪法之起源与演化···········································54
（二）中国宪法之起源与演进···········································54
二、根本法与作为根本法的中国宪法········································59
三、高级法与作为高级法的中国宪法·········································62
四、宪法是什么？·························································67
第二节
法治································································72
一、法治的概念··························································72
二、法治与宪政···························································73
三、中国法治模式························································75
（一）“共产党领导下的依法治国”法治模式·······························75
（二）依法治国与法治·················································78
（三）共产党领导与权力制约···········································82
（四）法治模式比较···················································84
（五）当代中国法治模式的标志·········································84
四、中国法治发展反思····················································89
（一）发展、稳定与效能权威政府·······································90
（二）公共善、党性善与法治···········································92
（三）民主权利的孱弱与法治基础·······································94
（四）“司法不断改革论”与司法独立······································96
（五）名义宪法、保障宪法与宪政·······································100
（六）诚信、政府公信力与法治的道德···································102
第三章
基本权利（人权）与国家权力··········································105
节
基本权利（人权）····················································105
一、人权的性质·························································105
（一）人权的分歧·····················································105
（二）人权的本质·····················································106
二、基本人权：人权发展的宪法形态········································109
三、基本权利的竞合与冲突···············································116
（一）基本权利的竞合问题·············································117
（二）基本权利的竞合问题·············································118
第二节
国家权力···························································120
宪法逻辑中的国家权力··············································120
二、国家权力的基本性质················································121
三、国家权力的人权保障义务············································124
（一）立法权与立法机关··············································125
（二）行政权与行政执法机关··········································125
（三）司法权与司法机关··············································127
第四章
宪法职权与宪法责任··················································130
节
宪法职权···························································130
一、宪法职权概说·······················································130
二、立法权·····························································130
（一）立法权的内容···················································130
（二）立法权的组织与运行·············································132
三、行政权·····························································134
（一）行政权的内容···················································134
（二）行政权的组织与运行·············································134
四、司法权·····························································136
（一）司法权的内容···················································136
（二）司法权的组织与运行·············································137
五、三种宪法职权之间的关系·············································142
（一）三权均衡·······················································142
（二）立法权优越·····················································143
（三）行政权优越·····················································144
六、我国现行宪法规定的宪法职权及其相互关系·····························147
（一）我国现行宪法规定的宪法职权·····································147
（二）宪法职权之间的关系·············································149
第二节
宪法责任···························································150
一、宪法责任的概念·····················································150
（一）宪法责任的主体是什么···········································151
（二）宪法“责任”是什么·············································152
（三）承担宪法责任的理由是什么·······································152
二、宪法责任的性质·····················································152
（一）“政治责任”说··················································152
（二）“政治责任与法律责任”说········································152
（三）“政治责任、法律责任与道德责任”说······························154
三、宪法责任的特征····················································154
四、宪法责任的形式····················································156
第五章
宪法规范与宪法效力··················································157
节
宪法规范···························································157
一、宪法规范的性质界定·················································157
二、宪法规范的价值定位·················································159
三、宪法规范的基本内容·················································163
（一）宪法规范中国家权力与基本人权关系·······························163
（二）宪法规范中基本权利与基本义务关系·······························164
（三）宪法规范中国家权力之间的关系···································165
第二节
宪法效力···························································166
一、宪法效力的基本分类·················································166
二、宪法规范的效力形态·················································167
三、宪法规范的私法效力·················································168
（一）宪法规范能否进入私法领域？·····································168
（二）基本权利的私法效力·············································172
第六章
宪法救济与宪法诉讼··················································176
节
宪法救济···························································176
一、宪法救济的概念辨析·················································176
二、宪法救济的原则·····················································177
（一）案件性原则·····················································177
（二）穷尽法律救济原则···············································177
（三）时效性原则·····················································177
（四）适用救济程序原则···············································178
三、与宪法救济相关的制度类型···········································178
（一）司法审查·······················································178
（二）违宪审查·······················································178
（三）宪法监督·······················································191
（四）宪法保障·······················································192
四、我国的宪法救济制度及其完善·········································193
（一）我国已有的宪法救济制度的框架及主要缺陷·························193
（二）完善我国宪法救济制度的路径·····································194
第二节
宪法诉讼·························································200
一、宪法诉讼的概念辨析·················································200
（一）行政诉讼的含义·················································200
（二）宪法诉讼与其它诉讼制度·········································201
（三）宪法诉讼与司法审查·············································201
（四）宪法诉讼与违宪审查·············································201
二、宪法诉讼的起源与发展···············································201
（一）宪法诉讼制度的起源及其在美国的确立·····························202
（二）普通法院型宪法诉讼模式·········································207
（三）宪法法院型宪法诉讼模式·········································213
（四）提起宪法诉愿的期间和方式·······································216
（五）宪法诉愿的受理和裁判···········································216
三、宪法诉讼的原则·····················································217
（一）政治问题和法律争讼以外的事项不予审查的原则·····················217
（二）诉讼身份限制原则···············································218
（三）合宪性推定原则·················································219
（四）宪法判断回避原则···············································219
（五）穷尽法律救济原则···············································220
四、宪法诉讼的裁判效力·················································220
第七章
宪法概念与宪法解释··················································221
节
宪法概念···························································221
一、何谓宪法概念？·····················································221
二、宪法概念的特征·····················································223
第二节
宪法解释···························································225
一、宪法解释概念·······················································225
二、宪法解释的主体·····················································227
三、宪法解释的客体·····················································232
四、宪法解释程序·······················································233
（一）立法机关解释宪法的程序·········································233
（二）普通法院解释宪法的程序·········································234
（三）特殊机关解释宪法的程序·········································234
五、解释宪法的原则·····················································235
（一）解释宪法必须遵循人民主权原则···································235
（二）解释宪法必须遵循法治原则·······································236
（三）解释宪法必须遵循尊重和保障人权原则·····························238
（四）解释宪法必须遵循法治原则·······································239
六、全国人大常委会解释宪法程序设想·····································239
七、宪法解释方法·······················································241
（一）文义解释······················································241
（二）原旨解释或历史解释·············································241
（三）目的解释·······················································242
八、宪法解释与宪法修改·················································244
九、关于宪法方法论之争·················································246
（一）宪法方法论之争的由来··········································246
（二）宪法方法论之争的实质··········································251
（三）如何看待当下中国宪法方法论之争？······························256
宪法监督与宪法审查·················································259
节
宪法监督···························································259
一、何谓宪法监督？·····················································259
二、宪法监督程序之设定·················································260
三、宪法监督程序之审思·················································263
（一）程序设定的监督主体·············································263
（二）程序设定的场景与程序提起主体···································265
（三）程序监督的客体·················································266
（四）程序设定的合理性···············································267
四、宪法监督程序之变造·················································268
第二节
宪法审查···························································271
一、司法审查···························································271
二、中国宪法审查·······················································274
（一）中国宪法审查制度···············································274
（二）法律：是否是违宪审查的对象·····································277
（三）“不适当”一词的宪法解释········································280
（四）中国宪法审查制之完善···········································281
后记·······································································283
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