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Study on Development of Constitutionalism from the Perspective of Deliberative Democracy

Author: LuQiang
Tutor: ChenBoLi
School: Chongqing University
Course: Constitutional and Administrative Law
Keywords: Deliberative Democracy Constitutionalism Developing
CLC: D921
Type: Master's thesis
Year: 2010
Downloads: 97
Quote: 0
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Abstract


Marriage of constitutionalism and democracy , is the major inventions of the human society in the area of ??governance , democracy has opened up broad soil for the development of constitutionalism , constitutional democracy has never stopped the pace of exploration . But when the democratic expansion resulting constitutional weaken , or when the constitutional ideals enhanced so as to suppress the democratic process , the tension between constitutionalism and democracy will produce constitutional run scheduled even deviate from the democratic point of order . The theory of deliberative democracy is based on the reflection characteristics of constitutional democracy and representative system of \public interest \The public debate is free , equal citizens by or on behalf of public use of reason to state the reasons with each other and try to reach a consensus process . The public interest is a key element of negotiation democracy distinguish it from any other negotiation . The provisions of the Constitution of the fundamental rights of citizens to provide basic legal protection for the generation and development of deliberative democracy , the constitutional organizational structure form of deliberative democracy provides the basic activities . Deliberative democracy under a constitutional development research essentially to discuss the relationship between constitutionalism and democracy . Deliberative Democracy examine the existing constitutional system , representative constitutional democratic system there is the obvious lack of civic participation , election voting mechanism serious potential socially divisive factors , and most people with a small number of people , a generation ago , with the next generation between democratic rights conflict . The rise of the theory of deliberative democracy , constitutional development under the background of globalization , multiculturalism conflict and large-scale social inequality has brought new hope with unlimited reverie : Constitutional organizational legitimacy foundation by majority rule transition to the negotiation and constitutional decision-making carrier focus will gradually shift to public organizations ; consultation and dialogue will be the core of the constitutional decision , confirmed that changes in the function of the voting interests polymerization consensus ; the the modern Constitution by the Constitution of the right to freedom of the rational consultations Constitution transition .

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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