Constitutional Jurisprudence: from Constitutional Science to Constitutional Philosophy
Xie Wei-yan
Abstract
Xie Wei-yan
Abstract
Constitutional jurisprudence can independently develop at the two levels of constitutional science and constitutional philosophy.The former one centers on the application of constitution as it is,while the latter focuses on the must of constitution.China's traditional constitutional jurisprudence has a scientism trend,which not only affects the development of constitutional science,but also seriously hampers the coming-into-being of constitutional philosophy.The future trend of China's constitutional jurisprudence is to enhance the study in these two fields,advancing constitutional science demonstration on the one hand while upgrading philosophy quality of constitutional jurisprudence on the other hand.
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Constitutional jurisprudence can independently develop at the two levels of constitutional science and constitutional philosophy.The former one centers on the application of constitution as it is,while the latter focuses on the must of constitution.China's traditional constitutional jurisprudence has a scientism trend,which not only affects the development of constitutional science,but also seriously hampers the coming-into-being of constitutional philosophy.The future trend of China's constitutional jurisprudence is to enhance the study in these two fields,advancing constitutional science demonstration on the one hand while upgrading philosophy quality of constitutional jurisprudence on the other hand.
Key concepts: Jurisprudence, Constitution, Constitutional economics, Constitutional theory, Law, Constitutional law, Political science, Scientism