On Tradition Of The Western Constitutionalism

On Tradition of the Western Constitutionalism Constitutionalism originates in the western world. This thesis is toinquire the exact meaning and the institutions of the constitutionalism, toseek its philosophical tradition, and to describe the logic progress of itsrealization in the western world. Besides a brief introduction and conclusion, the thesis includes threeparts, ten chapters. In the Introduction, I say something about the reason and themeans in writing the thesis. Part I is Foundations, including Chapter One to Three. Chapter One suggests the importance of the exact meaning of theconstitutionalism. Chapter Two seeks the origins of the word constitution, andconcludes that constitutionalism means separation of powers, humanrights, popular sovereignty, written constitution, sacredness and higherlaw. Chapter Three says that in order to control the state,constitutionalism requires mechanisms of separation of powers,protecting human rights and strengthening civil society.Part II is Philosophy, including Chapter Four to Chapter Eightand an appendix. Chapter Four describes a pair of ideal type, individualism andcollectivism. They are very useful in analyzing the philosophical traditionof constitutionalism. Chapter Five deduces constitutionalism from ancient Greece, ancientRoman, and middle Ages. Personal value, social contract, natural law,democratic mechanisms and theory of mixed government, are allimportant to the development of constitutionalism. Chapter Six describes the progress of modernization in the westernworld. Renaissance, Religion Reform, Science Revolution and otherthings led the western world to the modern age and contributed to the riseof individualism. On the foundation of individualism, Hobbes developedthe theory of social contract. Locke modifies the theory, but he left manyproblems to resolve. Chapter Seven says that the philosophers in England, France andAmerica developed the philosophy of constitutionalism separately in 18thcentury. They were successful in reconciling individualism andcollectivism, and making individualism the major essence in thephilosophy of constitutionalism. Chapter Eight says that the philosophy of constitutionalism wasperfected in the 19th century. The theories of Constant, Tocqueville andMill represented the maturity of constitutionalism at that time. The appendix to this part describes the complicated history ofconstitutionalism in the 20th century. Part EH is Real izat ion, including Chapter Nine and Ten. Chapter Nine employs some theories of institutional economics, andformulates a model of Tax and Constitutionalism. This model canexplain how tax and tax struggle forces the government to supplyconstitutional mechanism. But this model cannot be applied in analyzingthe making of U.S. Constitution. Chapter Ten describes the realization of constitutionalism in thewestern world as a progress from property rights to human rights. Theparticularity of feudal system protected property rights in some sense, andso people accumulated wealth in the middle age. Middle class rose andbecame stronger and stronger. At last revolution happened, bourgeoisiecreated a new country. In order to protect human rights, bourgeoisie madea constitution, and reformed the system of law. Conclusion says what this thesis means to China.