权力意旨的扭曲与违宪

权力意旨决定权力实践。具备正确的权力意旨,不仅是掌权者应当遵守的基本执政道德和准则,同时也是宪政对法权的客观规制和必然要求。掌权者必须具备正确的权力意旨,明晰宪政下的权力来源于公众权利的让渡,坚持权力为权利服务,并使权力从法治层面受到监督,才能正确实践权力,否则,权力意旨被扭曲,必然在实践中导致权力违宪。

Distortion of Power Awareness and Violation of Constitution

Power awareness is decisive of the exercise of power. Proper power awareness is not only the basic norm and principle to be observed by the authorities, but also a restriction and requirement of constitutional rule to legal rights. The ruling people should have proper power awareness and understand that their power is demised from public rights so that they can use their power for the people's rights. Their power should be supervised by laws; otherwise, the distortion of power awareness will inevitably lead to violation of the constitution.