Beyond liberalism and democratic republicanism: on America in the Constitution[0]

                     Wan Shaohong

Abstract ToIndividual Liberalism: too much emphasis on the rights of the public power, opposed the construction of civic virtue; democracy to attach too much importance to individual citizens in public life and decision-making power of discourse in the appeal, the civic morality situation of suspected political elites and prudent rational level. This is American constitution makers worry and don't like, they make the America constitution to republican regime framework, attempts to go beyond liberalism and democracy; liberalism and democracy to curb excessive democracy requires the individual rights and individual political participation, advocating political elite leadership responsibility, prudent and rational under the republic political outlook.

Key word: liberal democracyRepublicanism

      This article appeared in the "Zhejiang journal" in 2008 fourth, pp131----135               

   Political science, science of constitution on the difference between republicanism and democracy, liberalism and to explore the relationship between long very insufficient, the Republican concern than the liberalism and democracy. In fact, republicanism is a very important theory in political science, it is a kind of political thought, is also a kind of regime design approach, which acknowledges the role of institutional design, and emphasize the value of care, ethical considerations. Republicanism as unification of legal and ethical world political framework, the relative optimal, it has important theory value and practical significance on how to guide a good human political life.

   The constitution is the product of a variety of political philosophy America competitive principle compromise. USA republicanism in the constitution is very complex, it is not dogmatic, not law, it and liberal, democratic politics has have all kinds of connections with relationships, with a diversity of characteristics of complex. The Republican American Constitution establishes the constitutional state Republican Ethics under the care of, can distinguish the difference of republicanism and liberalism and democracy, and reveals the relations between them.[1]

One, beyond Liberalism: the public interest prior to the individual rights

   Republicanism is America constitutional originalism, liberalism against American constitution.[II]The individual with Rock as the representative of the liberalism, too much emphasis on the rights of public power, opposed the construction of civic virtues. But the Republican has advocated for the public good and individual happiness, public power must be positive as, strengthen civic virtue education, instead of waiting for the individual moral consciousness; in addition, innate liberalism individual rights, republicanism American constitutional thought, the responsibility and obligation to a body responsible for the country and their communities more have priority. Of course, this does not mean that the formulation of USA constitution completely abandoned by the strong influence of liberalism, liberal environment and liberalism itself inherent rational kernel, USA constitutional republicanism cannot and will not completely abandon liberalism. The framers of the constitution is to oppose liberalism individualism, liberalism and appropriate demand protection for individual rights, in order to achieve the liberal beyond.

  With Rock as the representative of the liberalism undoubtedly affects the making of USA constitution and America constitutional course, and embodies the spirit and principles America onto the Republican constitution. Outstanding performance in the text of the Constitution for the contribution of the anti Federalist "bill of rights". "Bill of rights" reveals the core concept of the personal rights of liberalism. The value of liberal and Republican values are similar to cross, to some extent, such as the rule of law, the subject of public good will, this is for sure the federalist. But liberalism and republicanism understanding of the connotation of value and sorting are completely different or opposite. Liberalism takes individual rights of appeal in the first row, republicanism is the public interest in the first place. Even in the period of USA liberalism theory occupies the dominant position of the revolution, to fight against the British Parliament on colony issued decree, Rock's parliamentary sovereignty theory has also been revolutionaries to give up, and to resort to extra constitutional theory of natural rights, in order to defend America thirteen colonies of the public interest. Also because of this reason, the position with Rock as the representative of the liberalism theory at the constitutional convention rather embarrassed, the main spirit it is ultimately the framers had to give up. From the constitutional structure and text analysis, American constitutional text mostly about the distribution of power and the structure of government regulation, the rights of the individual statements in which very little. The Constitution does not expressly provide the basic human rights, did not even appear "human rights" stated in the constitution, of course, the basic value principle of basic human rights or USA republicanism in the pursuit, the protection of basic human rights are the starting point and destination of constitutionalism and rule of law, which mainly embodies the principle of human rights and in the spirit of the constitutional amendment "bill of rights" and the constitution. However, the public good is always the highest value goal of republicanism pursued, rather than individual rights.

  In addition, the constitutional principle of basic human mind does not mean that the fully coupled American constitutional republicanism and the freedom of human rights principles. This is because America constitution concept of human rights is the crystallization of the coupling of ancient natural law and modern natural law, natural law is the result of the Rome Republic era and Rock type natural rights collision.[3]

  The modern natural rights viewpoint (in fact is the natural right of natural rights) and the ancient tradition of natural law view (NATURAL law rights) in principle there is a difference between. The tradition of natural law, firstly and mainly is a kind of objective "rule and scale", a prior to the human will and independent of the human will, a binding order. People can not shirk duty in front of the laws of nature and scale, people can be in the process of practice, the duty free. Reflection of ancient natural law is a natural right, and the idea of modern people's right are two different concepts.

  In the modern natural law, natural rights is the human body, it first and is mainly a series of "rights", or tend to a series of "rights", a series of subjective demands, they start to the human will, that the rights of man.[4]The Federalists and the collision of anti Federalist political thought together determine the American rights in the constitution is the inevitable result of the rights and obligations of the "community". Dahl think Madison and his contemporaries to the right and natural right and no clear boundary, there is not an absolute consensus. It also shows that policymakers there in the constitution, the right is mixed community rights of natural law and natural rights.[⑤]The constitutional rights which included "embodies the fundamental, eternal justice",[6]Based on the above also includes human expansion rights, which determines the duality in the United Republic of individual rights and the "public good", political obligation.

Washington in his 1789 inaugural address confirmation: "if a country to ignore God established about order and justice the eternal law, then God gracious smile would not visit this country."[7]In USA revolution era, it was thought that the freedom of human rights is not a gift from the king, nor by human law granted, but the creator himself in all management system has to comply with the set, can be found for the human rational, distinguish between good and evil, the advanced approach the eternal "".[8]This "higher law" is established by God, is in the history and natural, is indispensable to human progress. The basic rights of these advanced law contains mainly consists of "life, liberty and property".[9]Although the principle of right Federalist deliberately away from the USA revolution and the "Declaration of independence",[⑩]But life, liberty and the pursuit of happiness is the main natural rights to ensure the goal of. The Convention also appropriate to add a constitution for the personal safety and personal rights, such as the prohibition of attainder bill and retroactive law etc.. In the subject America revolutionary principle of the anti Federalist's insistence, the constitution finally into a 10 bill of rights as an amendment to the constitution, declared the constitutional protection of the freedom of the press, freedom of religion and other personal freedom and rights, and established the civil rights is not limited to the list of constitutional rights and to resort to a wider range of natural rights. Natural law is absorbed in the American constitution, to confirm this point included Kangmar Jie, USA historian, natural law has established a standard be impartial to..., it recognizes that people are born free, equal, "in modern people of all countries, only Americans regard the natural law to the constitution."[]It is not difficult to see, American republic constitution embodies the combination of ancient natural law obligation principle and modern natural rights rights principles,[]But the Rock natural rights dimension weakened and a large degree of control, and presents the features of natural obligation dimension stronger Rome Republic type, this may and the constitutional process in a strong Federalist on Rome's preference.

  People's natural law connotation have different emphases in different historical periods. The ancient natural law emphasizes the social nature of man, man is a part of the country. And God has a reason, have the spirit of freedom; people can not shirk the moral obligations of the state, society, families, this obligation is the connotation of rationality, and before right, people get free in the obligation of. Based on this, the republicanism that public power active construction of citizen morality has the legitimacy and rationality, just because of the moral construction of citizens, to show individual rights and freedom is possible.

  To make a long story short, from the ancient natural law to the modern natural rights, great changes have taken place in this one, from the civic responsibility to highlight individual rights emphasizes is the basic change it. The state and society oriented nature of the retreat and highlight the personal independence and human rights is one of the most significant sign, also has very important significance.[]The basic rights of life, liberty, property, thus become the fundamental purpose of fundamental objectives and the government legal protection. People pay more attention to the rights of the individual to the modern reached the pole, and gradually neglect or even abandon the personal responsibility of the dimensions of national, social, America constitutional law to put the two together.

Two, beyond Democracy: the political elite in Republican politics under the rational thinking

  The researchers believe that democracy and Republic are two different concepts, democracy is in common in a number of citizens extremely limited, citizen personally organization and management of the government and the society, the Republic is common in the representative polity.[]Democracy criticized almost all lawmakers at the time, "democracy" (democracy) and "mob rule" (mobocracy) general.[]Democracy is not only the root causes of domestic strife and oppression, important institutional and international conflicts and war factors.[]In fact, the Athens democracy is always hovering between anarchy and tyranny. Athenian democracy is death to democratic ambitions, "equality, freedom and community identity Athenian imperialism was derived from the Athens democracy."[]Athenian democracy is subject to severe criticism of people at that time.[]

  There is no doubt, "America constitution makers understand the Athenian model, but most of them oppose such a system. In American made many centuries before in China, any form of democracy is considered to be dangerous"[]. It often and discipline relaxation, corruption, weak oppression, anarchy, not democracy together. The researchers believe that democracy freedom is indulgent freedom, autocracy and intolerance is the inevitable outcome of it, it will not only harm the freedom, also to subvert democracy itself. In history, many dictators is to please the bewitched people, inciting the people's democratic sentiment began to rise.[]Is, the framers people vigilant, do not blindly pursue is not likely to achieve goals, and lead to anarchism, the formation of civil war, causing permanent split between States, and even the momentary power demagogues can establish a military dictatorship.[21]

In the republican regime, all public power comes from the people, this does not mean that all power resides in the people, this is Cicero's motto is the Federalist consensus.[22]The Federal Party to the power of the people is reserved, the power of the people to keep the limited federal this balance balance. The government will not be completely and people will reach consensus, as Hamilton or Madison, the essence America government is America government completely exclude the presence of collective identity as a people.[23]

  Fundamentally speaking, due to the inherent defects of the people, the Federal Party to the power of the people is the fear of heart. They think people power can not be over emphasized, they are the country's political elite is difficult to contend with as a collective. The Rome Tribune, as a representative of the people of Rome, in which almost all against the overwhelming tenure of the Senate, eventually led to the collapse of the Republic of Rome. Therefore, Madison said: "a strong government, according to republican principles, but do not adhere to the people's concessions, this crucial."[24]In order to avoid excessive shock people on the national constitutional system, American constitution abolished Rome constitutional right to give negative people, instead of in a more controlled "separation of the three powers" system and more stringent rules of "rule of law".

  However, "all people's welfare and happiness should be the highest goal",[25]The United Republic of the buildings should be laid a firm foundation for the people's consent in. Legitimacy of the Republic is the public power, Democratic Republic ideal is the connotation, the government should hold public demand more, but the new constitution does not reflect the will of the people could not get their approval. Madison advocated that "there should be at least a parliament elected by the people as a symbol of freedom, clear government."[26]But the direct democracy is the way the Federalists unacceptable, but, in American using complex state such a a vast territory with a large population of pure democracy, in the technology is not realistic. Finally, the Federalists found representative democracy, the system can respond to the demands of public opinion, is a representative of the government to ensure the purification mechanism of stability and a safe. In the Republic government, "the people through the election process have higher than the final power of the government, but decisions are made by elected officials.

  The framers thought, fall is the general status of humanity, passion and impulse is the public nature of the virtue of temperance, only a few good men can have. "The idea of representative system is to believe that human society has a part of virtue and honor for according to the reliable, based on the representative organs can be sent to trust."[27]The requirements of the people through the selection of representatives to express political elite, the public does not have the necessary political decisions of the deliberative rationality. The Federalists and the Rome classical republicanism writer, stubbornly cling to the elite leadership, public participation in the political life of paradigm.[28]"Natural aristocracy" of national glory and the welfare of the people can not shirk its responsibilities and obligations, people should trust, obey and respect the "special position of natural aristocracy" in the national political life.

  The federal farmer is any study of the anti Federalist political thought must system study,[29]He is the direct democracy of lovers, it is typical constitutional republican. Although he stressed to enhance the people's councils, but firmly opposed to pure democracy, and that the class of. Because the noble and common people all have their own characteristics[30]They depend on each other, only to ensure a harmonious society. The Constitution and the law must against granting society a part of people more power and higher social status, and suppress others disparage society. He also quotes Montesquieu to prove that every citizen has the right to share the power of Government: each individual freedom of government is the representative of a free government, on behalf of all the people, the legislature should depend on the country or their.[31]

  America constitution is a science of legislation's political elite, as the anti Federalist pointed out the few social elite for American people America constitution does not have legitimacy, Madison cited the fact that constitutional experience ancient elite, the constituent assembly has the right to develop and propose this mixed constitution, that is: "ancient history what the government is recorded in each case after the agreed upon and set up, the government is not entrusted to a large number of people, but by the wisdom of prominent and recognized upright some citizens completed."[32]This shows that for the people's happiness and safety and consciously assume the burden of constitutionalism is the sacred duty of social elite, when they perform their sacred duty, even if a violation of their rights and obligations, but if their efforts to achieve the happiness of the people, also should accept.[33]

Conclusion:

  Individual freedom and happiness is USA constitution makers forever in the hearts of the target, is an important content of America constitutional preamble, it originated from the doctrine of natural law distant. The spirit of natural law beyond all despotic power, through Rome to American genetic constitution, and replaced by statute; so as to make the rights of human freedom, equality is effectively a written constitution safeguard, make deep based on natural human nature, has become the universal value of human pursuit. Republicanism itself contains democratic elements, but this kind of democracy is democracy under the republican principle defined, is the constitutional principle "prudent democracy", it emphasizes the system path of political participation, emphasize the publicity of government, it is in the public interest for the purpose of public power, the political elite main guide must represent all the interests of the people, reflect the public interest, it especially beware of majority democracy possible will arbitrary and misrule might, it embodies the freedom of democracy and power balance; the liberal democracy of people engaged in public affairs is the private interests, liberals in essence no public interests should be considered as countries should enhance the purpose of republicanism; democracy significance can not be arbitrary expansion of democracy. America constitutional freedom is republican freedom rather than democracy freedom, freedom is the Republican constitutional republicanism, principle of rule of law under the restriction of freedom, the Constitution and the law on the protection of the freedom of the people is not the law, there is no freedom, it is not liberal right Supreme freedom. Republican freedom for vulnerable liberal political in the citizen's political participation and community identity, emphasizing the people's sovereignty and the citizen moral construction of public power for the legitimacy and the citizens' freedom and happiness. By individual rights as the center of the liberal Free can make back to everyone and everyone war jungle era, the end result is the end of freedom. Republican constitutional characterized by different social strata to share common governance, the governance of the country, to avoid the majority or minority arbitrary and zero and event, in order to achieve national glory and individual freedom.

  Liberalism over individual rights, against the public power necessary to construct citizen's virtue; democracy to attach too much importance to the discourse power and leading citizens in public life, doubt the political elite citizen moral rational and prudent. This is USA constitution makers concern and opposition, they make the USA constitution to republican regime framework, attempts to go beyond liberalism and democracy; liberalism and democracy to curb excessive democracy requires the individual rights and individual political participation, advocating political elite leadership responsibility, prudent and rational under the republic political outlook.