一宪法实施的“范式迷思”:违宪审查还是宪法诉讼自齐玉苓案以来,宪法司法化的问题得到宪法学界前所未有的关注,这场大讨论为中国宪法学的发展带来前所未有的知识增量。这一案件不仅仅使人们开始关注宪法权利与民事权利的关系、宪法权利的司法救济等问题,更为重要的是,这场大讨论让人们更为深入地认识到全国人大及其常委会和最高人民法院在宪法解释和违宪审查上的复杂关系问题,这使一个普通个案中的宪法实施问题演化为关于权力安排的宪法改革问题,但是,这场讨论让中国的宪法学研究走入一种悖论式的误区。即这个案件的讨论虽在宪法学界形成“宪法必须实 A ”Paradigm Mystery“ of Constitutional Enforcement: Constitutional Review or Constitutional Litigation Since Qi Yuling’s case, the issue of the judicialization of the constitution has received unprecedented attention from the constitutional scholarship. This grand debate has brought unprecedented knowledge to the development of China’s constitutional law. the amount. This case not only makes people begin to pay attention to the constitutional rights and civil rights, judicial relief and other issues of constitutional rights, more importantly, this discussion allows people to more deeply understand the NPC and its standing committee and the highest People’s courts have complicated the relationship between constitutional interpretation and unconstitutional review. This has led to the evolution of constitutional implementation in an ordinary case into a constitutional reform on power arrangements. However, this discussion has led China’s constitutional studies into a paradox. On the type of misunderstanding. That is to say, although the discussion of this case is formed in the constitutional academic circle, ”the constitution must be implemented