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我国学界关于宪法规范的效力的争议由来已久,争论主要集中于宪法规范的效力是否等同于宪法效力。我们认为将宪法效力与宪法规范效力相等同是不科学的,二者有各自的特点。本文以两者存在本质差异为逻辑起点,对两者的概念进行界定,并在此基础上描述各自的特征,希望能明确二者差异,从理论上澄清一直以来的误解。
The controversy over the effectiveness of constitutional norms in our academic circles has existed for a long time. The debate mainly focused on whether the validity of the constitutional norms is equal to the constitutional validity. We think it is unscientific to equate the validity of the constitution with that of the constitutional norms. Both of them have their own characteristics. In this paper, the essential difference between the two as a logical starting point to define the concepts of the two, and on the basis of describing their own characteristics, hoping to make clear the difference between the two, to clarify the theory has been misunderstood.