On Normative Correctness and Social Efficacy of the Chinese Constitution

Abstract

In Terms Of The Fundamental Law And The Higher Law Of The Chinese Constitution, The Political Efficacy And The Normative Correctness Are Helpful To Act As A Proper Standard To Distinguish Between Them. With This Standard The Current Constitutional Studies Can Find Its Dilemma That When It Is Asked, Whether Or Not The Constitution As A Whole Is Politically Efficacious Or Normatively Correct, It Is Impossible To Get An Answer. In This Sense, Constitutional Studies Refer In China Not To The Value-Judgment, But To Analyzing And Exploring The Deep Structure Of The Constitutional Text. As Fundamental Law The Constitution Consists Of Three Basic Political Principles And The Basic Rights With Political Efficacy, While As Higher Law It Aims To Bring About The Well-Ordered Society In A Democratic Legal State.