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On Constitutional Transcendentalism

Posted on:2010-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y LinFull Text:PDF
GTID:2166360275486061Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Mankind has always been exploring the best governance model. Experience has shown that the constitutional government can make human society harmonious and effective. Civilization can be divided into value, system and artifacts, and value is the core. Constitutionalism is not only reflected in the level of political system, but also reflected in the level of value. Constitutional transcendentalism which is the metaphysical characterization of constitutional government is the concept of consciousness, the foundation of value, spiritual beliefs and the purpose. To explore the spirit of constitutionalism and trace the history of constitutionalism is helpful to know more about human political civilization.The reason why modern China has not set up a constitutional government successfully is considered that constitutionalism is not suitable for China and the conflict between western system and traditional values. Many scholars have found that modern China lacks of constitutional transcendentalism. But when they demonstrate constitutional government needs cultural foundation, they sometimes set up a kind of absolute relationship between Christian and constitutional government. If Christian is indispensable for constitutional government, Chinese have to become Christians to set up a constitutional government. That is absurd. They adopt a one-sided and absolute opinion on theory, and it is wrong in practice. Some constitutional governments like India and Japan have nothing to do with Christian. Constitutionalism has the universal values which are pursued by all mankind. The Organic integration between constitutional universal values and our traditional culture can lay the foundation for the basic concept of harmonious governance.The author thinks that total constitutionalism will be an integration of universal values and traditional culture. China must explore constitutional local resources. The author does not defense for tradition, and he objects culture transplantation. Some scholars have claimed Confucian Constitutionalism with the development of Confucianism since 1990. This is beneficial to explore academic study. This paper will be not restricted by Confucian. I explore constitutional local resources from many different philosophers, as we have other forgotten traditional culture. Remodeling our forgotten traditional culture, combining constitutional universal values with traditional culture, we can find the way of spirit to Chinese constitutionalism.As to the structure of this paper, the author makes an experience study of history to demonstrate the relationship between Christian and western constitutional government firstly; he studies the logic of political analysis to explore constitutional universal values secondly; in the end, he combines constitutional universal values with traditional culture to find the way of spirit to Chinese constitutionalism.The main research methods of this paper is:â… Historical analysis method. This paper studies the relationship between Christian culture and constitutionalism from the perspective of happening.â…¡System analysis method. Constitutionalism is systematic, every system, every norm and every concept has something to do with each other. We must grasp it on the whole.â…¢Comparative analysis method. This paper compares Christian culture and our traditional culture to state that Christian culture is not the only constitutional transcendentalism.
Keywords/Search Tags:Constitutional government, Constitutionalism, Constitutional culture
PDF Full Text Request
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