【摘要】 民主与法治已成为现代宪法的主流价值追求 ,但二者间的关系却十分复杂。成功地调和二者间的价值是一部宪法融入现实生活的关键。事实上 ,法治与民主间的争论从来就没有消停过。二者在“谁来统治”和“如何统治”的问题上意见不一。现代民主与法治也存在契合的领域。现代民主是一种消极自由 ,法治则是公民自由在法律上的体现。另外 ,民主虽对多数之治念念不忘 ,但却从未真正地主张过多数的权力是绝对和无限的 ,这为法治留下了作为的空间。更多还原

【Abstract】 Democracy and rule of law are the main values the modern constitution pursuits, while the relationship between them is quite complicated. The conciliation of the two basic values matters greatly in having the constitution realized in real life. In fact, the disputes between rule of law and democracy have never been settled. They can not agree on “who rules” and “how to rule”. However, there are some fields that they share in common. Modern democracy is a kind of passive freedom, while rule of law is the legal reflection of civil freedom. In addition, even though democracy regards highly of the majority, it has never claims power as absolute and indefinite, which make room for rule of law.更多还原