主权在民:源流与反思

主权在民原则系宪法之首要原则。主权在民原则经历了由国家主权、政治主权、议会主权到人民主权的发展过程。主权在民原则既是近代宪法的逻辑起点,又指导着宪法具体制度的建立。主权在民原则在历史上发挥了巨大的作用,但也应当厘清、识别和深刻反思主权在民在宪政成长过程中的作用与局限。

Sovereignty Belongs to People: Sources and Reflection

he principle that sovereignty belongs to people is the paramount principle of constitution. Having experi- enced the process of state sovereignty, political sovereignty, parliament sovereignty and people sovereignty, the principle is reflected in various forms in the constitutions of various countries. The principle is the logical starting point of modem eonoti-tutions, and the guide to the founding of specific constitutional rules. Although the principle has played a very importan role, it should be a ware that the prinuple has its fuaction and limits in the process of, was trtestion.