34这个表达看起来是荒唐的，因为在法治国家，或者在宪政国家，宪法是一切权力的源泉，但实际上这个表达却符合国家治理的真实。法治是治者的选择，宪法的约束力是承认宪法约束力的机关、人们赋予的。文本宪法是人制定的。所谓“活的宪法”是宪政的参加者们创造的。在“活的宪法”面前，在个体与宪政参加者群体之间关系上，个体服从宪法，宪法对个体有约束力。这个约束力来自宪政参加者群体。但在宪法和宪政参加者之间关系上，那“活的宪法”的所有力量都是后者赋予的。
35《中华人民共和国宪法》第六十七条第七项。
36《中华人民共和国宪法》第六十七条第八项。
37徐祥民：《演进的法治》，《学习与探索》，2001年第4期。
The Governance of Rules and the Rules of Governance
—Some Thoughts on Building a Rule of Law Socialist Country
Xu Xiangmin
Abstract: The nature of the rule of law of a country varies according to the laws it adopts. The essential difference between the capitalist rule of law and the socialist rule of law is that the nature of their laws is different. Socialism is not self-generated, the socialist rule of law has prerequisites. To ensure that the rule of law is advancing along the socialist direction, we must preserve the socialist nature of the laws, and continue to inject socialist spirit into the laws. The modern rule of law is the rule of constitution, whose basic requirements are to refer to the constitution in case of "issues" and legislate according to the "constitution". Legislation is the most important national governance activity, and the most basic characteristic of a rule of law country is to enact laws in accordance with the constitution. In order to ensure that the laws are made in accordance with the constitution, the state should establish a system for interpreting the constitutional basis for legislation as well as the constitutional review system for legislation.
Keywords: governance of rules, national governance strategy, rule of law country, constitutional review
责 编∕杨昀贇
