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Habermas's theory of deliberative democracy under the restrictions of state power

Author: YeBaoNing
Tutor: YangSongCai
School: Guangzhou University
Course: Legal Theory
Keywords: Habermas's theory of deliberative democracy Public authority Constitutional norms
CLC: D909.1
Type: Master's thesis
Year: 2011
Downloads: 123
Quote: 0
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Abstract


Public authority is considered to be the easiest tool for human rights violations , the theory is generally believed that the public authority must be restricted , and most of the countries through modern constitution to achieve this purpose. Our Constitution also made ​​some provisions of the public powers , but these are clearly insufficient to meet specification requirements purpose of public authority , that the abuse of public power in recent years, the phenomenon of frequent occurrence . Public authority must be vigilant in order to better restrict the public authority must vigorously develop and improve our democracy , reform and innovation in the form of democracy , let the people truly are the masters . Contemporary Western democratic theory as the latest developments in the theory of deliberative democracy , especially Habermas's theory of deliberative democracy , civic autonomy and for ensuring the realization of true democracy has an important guiding significance. Habermas's theory of deliberative democracy , including two aspects: First, deliberative democracy is a procedure, which is its biggest feature consultative . The purpose of this consultation is to achieve a change in preferences rather than preference aggregation to promote reasonable opinion to reach consensus. Only through this consultative process in order to produce legitimate and reasonable results. Habermas's theory of deliberative democracy is mainly through its special powers of democratic procedures to restrict the public . Citizens enjoy extensive rights of political participation and exchanges on all matters of public interest in political exchanges , in this process and thus the formation of the political will to seek legislative goals through mutual recognition of laws to protect their rights or control of state power . Habermas's theory of deliberative democracy limiting effect on the public authority must eventually be reflected in the constitution . Deliberative democracy through constitutional provisions as a basic form of political life , and the protection of citizens' autonomy to regulate in the public domain for the public authority to implement the constraints , the final realization of human rights protection.

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