Constitutional efficacy is a fundamental concept in constitutional law and an important theoretical tool for analyzing the fundamental role of the constitution in national and social life.It constitutes a complex system of efficacy,encompassing various constraints on human behavior,including political efficacy and legal efficacy,with the latter being the substantive essence of constitutional efficacy.Legal efficacy of the constitution can be categorized into personal efficacy,temporal efficacy,and spatial efficacy.As a legal norm,the constitution has normative efficacy that can constrain the enactment and content of general laws and regulations.Concurrently,the normative efficacy of the constitution manifests across three different dimensions:certainty,enforceability,and binding force.In practice,the constitution can exert both direct and indirect efficacy.The relationship between the constitution and international law also reflects the scope of constitutional efficacy for sovereign states,involving both personalistic efficacy and spatial cross-effects.Strengthening the study on constitutional efficacy issues contributes to an overall enhancement of China's autonomous constitutional law theoretical research level and strengthens the guiding role of constitutional law knowledge in constitutional implementation work.
关键词
宪法效力/宪法的对人效力/宪法的时间效力/宪法的空间效力/宪法的规范效力
Key words
constitutional efficacy/personal efficacy of the constitution/temporal efficacy of the constitution/spatial efficacy of the constitution/normative efficacy of the constitution
维普
万方数据