Controversy And Reflection Of The Constitutional Law Methodology In Our Country

With the research advance, three major standpoints,the theory of normative constitution, theory of political constitution and constitutional hermeneutics have been formed as constitutional law methodology in our country. There are many differences about their research approaches and research emphasis,so academic circles debate continually. Centered on the controversies between constitutional law methodology, this paper expounds the related controversial views and analyzes the advantages and disadvantages according to different views.Full-text is divided into six parts.The first introduces the background, research significance and summarizes the multiple trend and the limitations of constitutional law methodology, then points out the research significance that help us understand the development of constitution, promote the constitutional prosperity and the establishment of nation’s legal system.The second part is the production and development of controversies about the constitutional law methodology. It has achieved a plenty of research results. Three theories, the normative constitution, political constitution and constitutional hermeneutics, have been formed and promoted the development of constitutional research and constitutional practice.But there still exists some problems restricting the further development of our country’s constitutional jurisprudence.The third part sorts out the controversial issues of constitutional law methodology from five aspects. Normative constitution, theory of political constitution and constitutional hermeneutics have disputes in the constitutional research, such as different judgments for ordinary or extraordinary politics, different attitudes to the study of the constitutional rights, different views about constitutional origin, understanding of constitutional change and the specific assumption of different ideas in the constitutional judicialization. All of them are focuses.The fourth part combined with the specific content of disputes listed above to analyze advantages and disadvantages of different opinions.The content includes distinguishing the reason and significance of ordinary politics or extraordinary, analysis of research model of constitutional rights, the different views about constitutional origin, the different comments on constitutional change and constitutional judicialization, then gets some further conclusion.The fifth part puts forward the suggestions towards the development of China’s constitutional law methodology. Normative constitution, political constitution and constitutional hermeneutics,all of them should depend on realistic society serve the construction of our country’s legal system. Adhering to the openness of constitutional research,constructing local discourse about methodology and attaching great importance to constitutional practice are approaches for the development of constitution. All in all, it is a great significant research that can promote the development of constitutional theory and constitutional government’s practice of our country.