为什么成文宪法制排斥常在的制宪机关？ ――兼论全国人大不是我国常在的制宪机关

成文宪法制的核心是成文宪法的最高法律效力，而制宪权意志、实定宪法与宪法法（成文宪法规范）则构成把握成文宪法最高法律效力的三个层次。成文宪法的实定宪法应当符合制宪主体的制宪权意志，而且要具有明确性与稳定性，只有这样，成文宪法规范的最高法律效力才有保障。五四宪法所反映的实定宪法是不完整的，这种妥协性使得实定宪法被后来的政治运动做了反向修改。八二宪法维护了五四宪法所表达的实定宪法，以社会主义为政治原则并基本确定了依法治国的治理方式，成文宪法才得以发挥其最高法律效力。常在的制宪机关会威胁到实定宪法的稳定性，因此为成文宪法所排斥。进一步而言，即使人民的制宪权也不利于实定宪法的稳定，它同样是为成文宪法所警惕的对象。
The core of written constitution is the supreme validity of the constitution which contains three levels: the will of the constituent power, positive constitution and the norms of written constitution. The positive constitution should be in accordance with the will of constituent power, and it should also be clear and steady. The two aspects constitute the guarantee of the supreme validity of the constitution. However, the positive constitution of 1954 Constitution was not clear, and the ambiguity made the 1954 Constitution to be amended unconstitutionally by late political campaigns. The 1982 Constitution reinstates the positive constitution which was expressed by the 1954 Constitution. It regarded the Socialism as political principle and “the rule of law” was formulated as the principle of governance. Since then, the constitution can exert its supreme validity. The standing constituent institution will threat the steady of the positive constitution, so it should be denied by the written constitution. Moreover, the standing popular constituent power also goes against the steady of the positive constitution, so the written constitution should be vigilant against the power.