The Legal Dimension Of Constitutional Patriotism-Connotation,Approach And Discipline

As a kind of identity construction mode under rational choice,citizens,the subject of identity under the rule of law,can get rid of the shackles of any special national culture and ethnic identity and enjoy equal legal status and rights,and the democratic constitutional procedure on which the identity construction is based can also make the members of different ethnic groups obtain a sense of responsibility and belonging in the participation of national public affairs through openness and universality of participation.It is of great practical significance for the integration of modern society to attach importance to the normative role of legal identity in the construction of national identity.On the basis of previous studies,this paper continues to explore the dimension of rule of law in Habermas’ constitutional patriotism.While carefully interpreting his thought,he excavates the admonition of the rule of law put forward by constitutional patriotism to the construction of modern country.The article is divided into three parts: the first part,on the basis of expounding the patriotic connotation of Habermas Constitution,points out the significance of legal identity for the integration of modern countries from two aspects: the normative role of legal identity and the legal requirements of legal identity construction.The second part analyzes the way of ruling the country by democratic law,and on this basis,explains the relationship between constitutional rule of law and patriotism,and demonstrates the feasibility of realizing patriotism through the rule of law.First of all,the laws recognized by the public should not only be recognized by the state authorities-in accordance with the legal nature,but also in accordance with the requirements of moral norms-legitimacy.Secondly,the new view of human rights with "mutual empowerment of rights" as the core is of great significance to the realization of human rights protection and the promotion of the identity of the rule of law.Finally,the negotiation democratic process is helpful to stimulate the individual sense of national belonging in the process of citizen independent communication and interaction from the perspective of communicative rationality.The third part points out the admonition of the rule of law put forward by constitutional patriotism for the construction of modern country.First of all,the legislative process with the legislature as the main body and the democratic process as the framework is very important for the emergence of legitimate law.Secondly,only by unifying the principle of human rights and people’s sovereignty can the basic rights of citizens be truly recognized and guaranteed.Finally,cultivating citizen virtue is a necessary prerequisite to promote the effective operation of negotiation democratic procedure under communicative rationality.