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在我国法律体系中,“具体化”一词既用来描述法与法外(理念、政策等)之间的关系,也用来描述上位法与下位法(宪法与法律等)之间的关系,尤其是在宪法学研究过程中,“通过立法把宪法规范加以具体化,法律是宪法的具体化”因宪法学界广为使用而成为描述法律与宪法之间关系的“格式化”表述。从我国宪法实施机制来看,对立法具体化问题的关注具有十分重要的意义,尤其在我国宪法的司法适用渠道不畅的情况下,对这
In our legal system, the term “concrete” is used both to describe the relationship between law and extrajudicial (ideas, policies, etc.) as well as to describe the relationship between the superordinate law and the subordinate law (constitutional law, etc.) Especially in the process of constitutional studies, “the constitutional norms are embodied through legislation, which is the concrete embodiment of the constitution,” which has been widely used by the constitutional scholars as a way to describe the relationship between laws and the constitution “” Expression. Judging from the implementation mechanism of our country’s constitution, the concern about the concretization of legislation is of great significance. Especially in the case of poor access to justice in our country’s constitution,