How does the rise of constitutionalism change the constitutional theory?

本研究的主要问题是“宪政的兴起如何改变宪政理论？”为了回答这个问题，笔者选择研究英国宪政改革后的宪政理论走向，发现至少在英国，宪政的兴起改变了宪政理论话语的规范性。尤其有趣的是，一些曾经排斥宪法规范性观点的政治宪法学派的学者开始接受规范性的宪法观点。可以说，宪政的兴起促进了宪政理论与政治哲学的互动与融合。笔者也从同样的角度对日本宪政理论进行了研究，发现宪政理论从作为社会科学的宪法理论向作为政治(法律)哲学的宪法理论的转变也可以用宪政的兴起来解释。基于这一发现，我对日本的重要宪政理论做出了一点批判性的评价。

The Main Question of this research is “How does the rise of constitutionalism change the constitutional theory?”. For answering this question, I choose to study the trend of UK constitutional theory after “Constitutional Reform” and found that, at least in UK, the rise of constitutionalism have changed the discourse of constitutional theory much more normative one. It is especially interesting that some scholars who belong to the “Political Constitution” School, which used to reject the normative view about constitution, began to adapt the normative view. So we could say that the rise of constitutionalism encourages the interaction and corporation between constitutional theory and political philosophy. Also I studied Japanese constitutional theory form the same point of view, and found that the theoretical shift from “Constitutional Theory as Social Science” to “Constitutional Theory as Political (Legal) Philosophy” could be also explained by the rise of constitutionalism. Based on this finding, I made little bit critical assessment about the important constitutional theories in Japan.