The constituent power is not unlimited,but ought to be constructed on the basis of and limited by the social contract. The social contract is not the constitution; it is the social foundation and raison d’être of the constitution-in other words,the "metaconstitution",in the same sense as metaphysics to physics. Such a metaconstitution is the basic contract agreed to by the people in the real world. It authorizes to establish a state with its constitution,which defines the basic purpose and function of the state,the fundamental rights of individuals and principles that govern the power structure and operating procedures of the state. A legitimate constitution is to be founded on the metaconstitution by directly incorporating the foundational principles and spirit of the social contract. As a result the constitution itself constitutes a hierarchical normative order,and is divided into ordinary clauses and "contractual clauses",so to speak,that is not amendable by ordinary amendment process and,in its turn,produces the issues relating to the constitutionality of constitutional amendments and the scope of judicial review. In order to prevent the abuse of the constituent power,it is advisable to borrow from the South African experience and enact an interim constitution that embodies the social contract,which serves as basis for enacting the final constitution.