Assessment Hayek's Liberal Constitutional Thought

A tradition of modern western political philosophy shows incredibility since modern times. This tradition anticipates that a constitutional pattern can restrict the government by way of the constitution and the separation of powers and provide institutional arrangements and safeguard for personal liberty. Since modern democratic politics, especially middle period of the 20th century is in a historical period of transition, government power expands excessively, democracy power escalates unlimitedly, Western legal order is faced with a major crisis. In such a background, Hayek expresses his constitutional thought of liberty.This article investigates modern western history of the constitution and regards the constitutional experience and contribution of Britain, America, France and Germany as a focal point. It focus on Hayek's constitutional thought of liberty. Liberty is a basic value and it is also a foundation and source of politics, economy and culturature in modern western society. The constitution is a political system which rests on the basis of liberty. The constitutional thought of liberty is an important part of Hayek's whole theory system.Hayek's constitutional thought of liberty treats liberty as its starting point. It is deeply rooted in his clear epytimology position, especially directly origines in the elucidation of rules and order. Under the study of rules and order, he was able to differ clearly from the internal and the external rules, from the spontaneous order and the organizational order. However, modern society gradually replaces internal rules with external rules and integrates the spontaneous order with the organic order. Modern representative democracy is based on the fallacy, so it can not exert a real restriction to the power at all and provide a real foundation for the constitution. This article devotes to representing Hayek's constitutional thought of liberty that is most attractive and distinctive. It regards the two contrasts of democratic constitution and liberal constitution as a breach, expecting to offer reference to construction and reform of constitutional government of China.