一、问题的提出西方各国在政治转型的过程中,普遍选择了宪政模式。英美法德等西方典型民主政治国家的宪政体制虽然具有内在的一致性,但形式上却有着明显的区别,这是因为各国的宪政道路不一样。1789年法国大革命爆发,法国由此开始了其立宪之路。大革命以一种近乎宗教狂热似的方式,不仅旨在摧毁一切现存权力,而且试图全面地、根本地改变社会,与传统彻底决裂。然而,建立在理性与激情之上的宪政设计,终因脱离现实国情而旋 First, the issue raised Western countries in the process of political transition, the general choice of a constitutional model. Although the constitutional system of Western typical democracies, such as Anglo-American, French and German, is inherently consistent, there is a clear difference in form because the constitutional political systems in different countries are not the same. After the French Revolution broke out in 1789, France began its constitutional road. In a near religious fanaticism, the revolution not only aimed at destroying all existing powers, but at the same time attempting to completely and fundamentally change society and completely break with tradition. However, the constitutional design based on rationality and passion finally ends up out of the reality