【摘要】 高一涵是民国历史舞台上活跃的启蒙思想家，也是民初众多报刊的编辑和主要撰稿人。学界关于高一涵思想的研究起步较晚，且研究成果多聚焦其政治思想，其法律思想尚未得到应有的关注。高一涵的报刊政论中蕴含着丰富的宪法思想，主要包括：在国体的选择上，反对君主制，拥护共和制；宣扬人民主权理念，倡导国民参政权。在政体的取舍上，抨击开明专制，倡导立宪政体，主张立宪政治之要义首在政府受制于宪法和法律；强调宪法和法律的施行是建设法治政府的关键，法律不能专重维持秩序，还应符合正义原则。在宪法的价值取向上，反对国家主义，主张乐利主义；认为宪法是人民权利的保障书，应顺应社会主义思潮限制财产权并将经济基本权纳入宪法的保障范围。在国家结构形式上，以多元主权理论为联邦制主张奠基，主张各省应享有省宪制定权，通过宪法实现央地关系的法治化。加强高一涵宪法思想的研究，有助于扩大学界关于高一涵研究的视野，丰富学界关于高一涵思想的研究成果。更多还原

【Abstract】 Gao Yihan was an active enlightenment thinker on the historical stage of the Republic of China, as well as an editor and main contributor of many newspapers and magazines in the early Republic of China. The research on Gao Yihan’s ideology in academia started relatively late, and the research results mostly focus on his political ideology, while his legal philosophy has not received the attention it deserves.His political comment articles published on newspapers and periodicals contained rich constitutional ideas,which mainly included: regarding the choice of state form, he opposed monarchy, supported republicanism, publicized the concept of people’s sovereignty, and called on citizens to be granted the right to political participation; on the selection of system of government, he criticized enlightened authoritarianism while advocating constitutional government, asserting that the essence of constitutional government lies in the government being subject to the constitution and laws. He emphasized that the implementation of the constitution and laws is key to building a government under the rule of law, and that laws should not solely focus on maintaining order, but also conform to the principles of justice; in terms of the value orientation of constitution, he opposed nationalism while advocating hedonism; he believed that constitution was a guarantee of people’s rights, and it should conform to the socialism ideology to restrict property rights and incorporate basic economic rights into its scope of protection; with regard to the strategy of nation building,he persisted in federalism which was based on the theory of pluralistic sovereignty, advocated that each province should have the power to formulate provincial constitution and thereby establishing rule of law in central-local relations through constitution. Strengthening the research on his constitutional ideology will help broaden the academic community’s perspective and enrich the research results on Gao Yi Han’s ideological contributions.更多还原