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The Equilibrium Of Constitution And Democracy

Posted on:2010-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:J F YangFull Text:PDF
GTID:2166360275950073Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Democracy is mainly a kind of political management mode which uses majority decision, but it bears some heavy weight of some value, such as equality, participation , rule by people and self-government, and so on. Political rights, human rights , the due control and publicity in agenda are indispensable conditions for democracy to succeed, but they can not be furnished and guaranteed by only democracy itself, which means that democracy is not self-sufficiency and self-support, and it need some kind of supporting from exterior system. It is very essential to distinguish democracy and the conditions for democracy to succeed, for only by doing this we can get to know what democracy is, understand the importance of the conditions furthermore, and realized what kind of problems that developing countries should pay attention to in their way to establish and consolidate democracy. If these conditions can not get full guarantee, it is hard to avoid the failure of democracy.Constitution is a kind of structural politics based on liberalism, its essence is to control government power and to safeguard human rights, and its series of system extension , such as limited government, decentralization and balance, judicial independence, and so on, can efficiently safeguard the conditions which democracy need to get succeed. What is more, they can limit democracy to go to totalitarianism, consolidate and maintain democracy better. Meanwhile, democracy is the best political flat for constitution to play its role. If there is lack of the supporting power form democracy, constitution will go decadent, its purpose to protect human rights is hard to come true. Especially in modern times when public spirit declined, democracy should show its rectifying functions.Constitution and democracy have checked,balanced,inter-depended and sustained each other, like two sides of a contradiction. They have promoted the rationalization of human political governance, and make the political governance developed towards freedom steadily and muchly. Heretofore, the integration of constitution and democracy is an ideal scheme in human political theory and practice, but its establishment and maintenance lies on civil feelings. Only civil feelings is the most ultimate and deep power to maintain the constitutionalism and democratic systemThe constitutionalism and democratic system promote well-ordered and rational operation of political governance, and enlarge and protect people's rights and liberty, this system and its deep sources give China great elicitations with valuable epistemology and methodology.
Keywords/Search Tags:Democracy, Constitution, Power, Right
PDF Full Text Request
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