宪法布道 (第二卷 改良)
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宪法布道 (第二卷 改良)

宪法布道 (第二卷 改良)


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About the Book

密尔顿说:"真理是在战场诞生的。"思想是在自由交流 和交锋的大环境下形成的,也只有经过不断交流和交锋才能得 到有效传播。传播宪政思想和理念无疑是我的一个工作重点。 过去二十年,我利用一切有限的机会和不同范围的公众交流, 尽可能普及宪政常识。这些常识涉及宪政的方方面面,从宪政的必要性、宪政的伦理和认知基础、宪政的实现路径等相对 "务虚"的话题,到具体的宪法权利与自由、制度设计、分权模式、合宪性与合法性审查模式等相对"务实"的课题。在此分为五卷,分别涵盖理论、路径(改良)、伦理基础(尊严)、宪法自由和权力控制机制。


本卷论述宪政理论,主要涉及社会契约论、英美与欧洲大 陆的宪政历程以及从各个视角对宪政中国的论证和呼吁。早在 十九世纪,发达国家的法政学界基本上就已经放弃了社会契约论和自然法学说,认为那只是一个道德虚构。这是一个绝大的错误,此后甚嚣尘上的法律实证主义直接为纳粹极权铺路。二战结束后,这些国家也没有反思并认真对待契约,因为它们其实已经有了社会契约,因而实践中才有宪政,理论上是否承认不那么重要。发展中国家鹦鹉学舌、步其后尘,却注定命运多 舛,因为这些国家亟需形成自己的社会契约。发达国家是有行 而无知,欠发达国家则是无知无行,甚至在政治理论和实践中 都反契约;理论上都否认,怎么可能开拓出实践中也没有的宪 政来呢?


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Product Details
  • ISBN-13: 9798330335183
  • Binding: Paperback
  • Language: Chinese
  • Returnable: N
  • Weight: 494 gr
  • ISBN-10: 8330335186
  • Height: 229 mm
  • No of Pages: 334
  • Spine Width: 18 mm
  • Width: 152 mm


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