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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