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宪政三论---自由-法治-民主 (Three Constitutional Discourses: Liberty, Rule of Law, Democracy)

宪政三论---自由-法治-民主 (Three Constitutional Discourses: Liberty, Rule of Law, Democracy)

          
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About the Book

本书探讨宪政的三个组成部分⸺自由、法治、民主。它们是任何一 个正常运行的社会所必备的制度要素,也是社会契约的基本核心。人生 来自由,但自由就不能没有边界,否则必然陷于互害。我们必须承认人性 之"恶",因而建立国家以克制人性之恶。然而,"国家"(政府)也是由人构 成的,因而也只是"必要的恶"。 美国立宪者麦迪逊说:因为我们都是会犯错的人,而不是不会犯错 的神,所以必须接受政府统治;因为政府也不是一贯正确的神,而是由会 犯错的人构成,所以政府的统治权需要受到制约。我们每个人都必须接 受法律约束,显然不是为了放弃自由、拥抱奴役,而是为了更好地保护自 己和他人的自由。政府只得做它该做的事,不得做它不该做的事,而它该 做什么、不该做什么,就是社会契约的基本内容。 我们希望生活在一个什么样的国家?个人自由和国家权力的边界各 在何方?政府必须遵守的基本原则是什么?由此产生的契约归结为三大 方面:自由(宗教自由、言论自由、平等或反歧视、人身自由、财产权)、法 治(分权、司法独立、行政中立)和民主(周期性选举)。一部正当的宪法就 是社会契约的摹本和展开,宪政就是契约原则的落地实施。


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Product Details
  • ISBN-13: 9798869086365
  • Binding: Paperback
  • Language: Chinese
  • Returnable: Y
  • Weight: 530 gr
  • ISBN-10: 8869086364
  • Height: 229 mm
  • No of Pages: 360
  • Spine Width: 20 mm
  • Width: 152 mm


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