| The systematic theory of constitutional law takes the differentiation of social functions as the logical premise, leans towards empiricism in research standpoint, and implements the basic model of “deduction from ‘is’ to ‘ought’” in methodology. This theory takes various experiences of social life as the normative basis of constitutional practice and attempts to provide appropriate interpretation and explanation of constitutional practice by objectively describing the systematic phenomena and all the elements that form the systematic phenomena. However, the concept of a system based on the functional differentiation of the whole society cannot separate specific constitutional practice from general constitutional norms. Moreover, since the description of constitutional practice often requires the use of value judgment, and there is no logical derivation between “is” and “ought”, the academic proposition of systematic constitutional law, although has certain practical explanatory power, still needs reflections on the deep theoretical level. |
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