The Analysis Of New Constitutionalism

Constitutionalism is the fruit that human intelligence bears, and the crystallization of political and rule-of-law civilization. Proposing of the new constitutionalism has revealed lasting attraction of constitutionalism. The new constitutionalism is not a new constitutional school of thought, also has not established a set of integrated system info, and it also is only one kind of ideological trend, one kind of exploration. The classical constitutionalism is theoretical source of the new constitutionalism, according to modern political theories in the west countries, the essence of constitutionalism is"the limited government", namely is to limit the powers of government to protect the rights of citizens. What has it solved is why and how limits the powers of the government to protect the rights of citizens. The new constitutionalism also established on foundation of this tradition, and it is the renaissance and the reconstruction of the classical constitutionalism. The classical constitutionalism has encountered trouble in the discipline and challenge of the current situation. Proposing of the new constitutionalism is to revive this tradition. However, rapid changes of the contemporary world also request the new constitutionalism to break through to the classical constitutionalism. The new constitutionalism proposed a series of new constitutional thoughts such as "the common constitutionalism" and so on under the instruction of the principle which designs systems to improve political systems. These new constitutional thoughts not only pay attention to limiting powers of the state, but also pay attention to limiting the social powers in order to practically protect individual rights under the new times not to be infringed, not only pay attention to "the limited government", but also pay attention to "the promising government" as well as the civil virtue, thus not only safeguards the human rights through limiting powers of government, but also safeguards the human rights through running the government well and citizen's participation. In addition, the new constitutionalism has explicitly indicated why it was called " new" "constitutionalism", namely has indicated inheritance and development to the classical constitutionalism. New constitutionalism, which provides us with a new perspective of inspirations, is of theoretical and practical reference to the construction of Chinese constitutional policy, which requests us to simultaneously pay attention to the questions that the new and old constitutionalism proposed and deals harmoniously with the relations of the both.