Research On Constitutionalism In Money

Constitutionalism is a kind of ideal state of national governance, whether it is as a rule of law concept or a political ideal, or seen as a specific system operation mechanism, its heart is a matter of evolution of human civilization and human rights and dignity of politics and law practice. Since it was born, constitutionalism has been utilizing and controlling national public power in order to realize and safeguard human rights and dignity, which is the key to its constant and enduring institutional channels and ultimate value concern. In other words, putting national power into prison of constitutional order through constitutional construction is the key to ensuring the freedom, democracy, rule of law, human rights and dignity. At the same time, because human civilization is in a "planet of money", we have to admit that if we want to respect and safeguard human rights, in the grand project of constitutional institution building and construction, currency and monetary power’s constitutional regulation is a key element of the core on constitutional order generation and development and evolution. The rising of money in our planet is a fait accompli that cannot be denied.Money is one of the roots of the sustained development of human civilization, the development and evolution of which is one of the necessary conditions of human society to evolve. However, countless monetary disasters in the history and the currency crisis that we are suffering have made us clearly recognize that monetary power anomie is the cause leading to currency crisis and inflation disaster, and then democracy’s erosion, the people’s basic rights and freedom’s invasion. Because of organic superimposition of various comprehensive factors, monetary authority has become "an animal of power" hard to tame, which has been ignored by the inertia of the prison and escaped the constitutional government system control. Nevertheless, the experiential facts of the history shows that, under the monetary power anomie, the constitutional ultimate value concerns about the core elements of constitutional government of democracy and the rule of law, people’s basic rights and freedoms, hominine dignity and happiness and so on have all suffered severe trauma and damage. Therefore, taming the monetary authority, locking monetary authority into the constitutional system constructed by the order, making it serving the development of human civilization in due course and becoming to improve human rights, contribute to the well-being of people and safeguard the dignity of the people’s power have turned into the constitutionalism history and the era missions under the currency crisis proposition.To control and stifle the monetary authority efficiently and make it surrender to the constitutional order, the following analysis and conclusion will be prospective. From an economic perspective, whether the financial crisis or the sovereign debt crisis caused by it, they all are a currency crisis in essence. In the analysis framework of constitutionalism, the nature of currency crisis is a constitutional crisis caused by national currency power anomie. While currency crisis, the constitutional crisis, has become the major real cause to promote national constitutional construction and promote the evolution of major constitutional order. Monetary constitutionalism is just the crisis governance mechanism which responds effectively to the currency crisis, correcting power anomie and regulating power of money.Monetary constitutionalism regards money as the key element of country’s political and economic operation system. It considers "monetary authority" as the core components in the system of state power. It sees respecting and safeguarding human rights as the ultimate value pursuit. From the dimension of national macroeconomic regulation and control of monetary power function, it is the legal philosophy and political practices on examining and weighing the authority and democracy, countries and citizens, the opposites between powers and rights, the relations between conflict and game. In the specification structure of monetary constitutionalism, currency belongs to public law under the paradigm of rational construction specification. The essence of money is a kind of state power of the sovereign with the highest legal effect independent of citizens’ will. Money is the symbolic representation which carries the state power above. Monetary authority is the national public power involved in the initiative, currency, currency value, monetary policy and currency regulation such as the money supply and control matters, which is based on the constitutional mandate and have dominated the supply of public products and service the objective need. Monetary authority is an important part of the constitutional norm and an important motivation booster formation and evolution of constitutionalism. Monetary authority, as an important part of state coercive power, there also exists the natural tendency and hobby of expansion, arrogant and rent-seeking, corruption and alienation. Invasive benefit and initiative is the core attribute of the monetary authority. As the monetary authority is a kind of the sovereign power, a national fundamental power and a kind of national political power, it serves as a kind of financial power controlled by the central government monopoly with the ultimate significance. Thus, some scholars even regard it as "the fourth power" which has the same status with legislative power, executive power and judicial power.After the correct identification of currency and the monetary authority’s accurate positioning, subsequently, there is a confusing question:why is the carefully-designed constitutional system difficult to effectively guard against and prevent money power of democracy and the rampant infringement of citizens’basic rights and freedom in the era of human civilization into the constitution? Based on the analysis and consideration of representative democracy politics and constitutional rules, system, mechanism and system itself possibly-existing deficiencies and defects, the author has found that:the key cause leading to monetary power anomie is that "the alienation of democracy has boosted the distortion of monetary power " and "the weakening of constitutionalism system has induced the anomie of monetary authority ". To be specific, in the representative democracy political system depending on special interest groups, because representative democracy itself is a "barbed roses" with the human’s helpless, ignorant rational voters have chosen a bad monetary policy, speculative party has distorted the monetary authority for the reason of winning the ultimate election, and the selfish interest groups have manipulated monetary authority in order to achieve maximization of special interest. Meanwhile, in the core constitutional system design of the separation and balance of powers, the following factors-the negligence of representative organs, the silence of judicial organs, the administrative organ’s favor for monetary authority and the monetary power anomie among the competitions and games for their own interests between the central government and local government and so on—have contributed to " the Gordian knot ", the frequent current power anomie, which is hard to solve in the constitutional system.Monetary power anomie has led to a currency crisis, whose consequence is currency inflation leaving people bitter memories. Currency inflation is "the fruit of poisonous tree" of monetary power anomie. In the eye of constitutionalism, the essence of currency inflation is a kind of unconditional tax behavior carried out by the national monetary authority. In order to standardize and limit the potentially-destructive money power to avoid or mitigate the disaster and pain brought about by the currency power loss to human society, seeking the theory building and system design of effective specification and control of the money power is becoming the theoretical and practical issue to be solved. Scholars in different fields around the world have proposed different theoretical insights and practical path. Relative to the design scheme to clamp down on money and power and constraints about the " Nationalization of Currency "," Politicization of Currency " or " Recovery of Precious Metals Standard " and so on. According to the approach of constitutionalism and based on the public law attribute of monetary authority, constitutional scholars have put forward the theory that" Monetary Constitutional", the theory building and path design limiting and specifying the monetary authority, is "Arianne’s Thread" that can correct monetary power anomie most effectively and appropriately."Constitutionalization of Money " refers to the methods and paths correcting monetary power anomie which is about the specification and stifle of the monetary authority based on constitutionalism and through constitutionalism concept, fundamental assumption, analytical framework and research methods. The theory of political state and civil society is not only the first base of constitutionalism’s formation and. development but also the primary premise and theoretical basis of monetary constitutional. The establishment and guarantee of taxpayers’constitutional property rights is the important basis of monetary constitutional. At the same time, rule of law is also regarded as the important premise of monetary constitutional. While making constitutionalism for currency release is the key to realizing monetary constitutional.If it is admitted that monetary distribution "constitutional" is the key to realize the constitutional "currency", so in the three-dimensional structure of currency constitutionalism, the standard system consisting of constitutional rules through a rational monetary constitution is the premise and foundation of realizing monetary constitutional. Because monetary constitutional is based on this idea, it hopes to restrain and regulate the government’s monetary authority and authorize the government at the same time through constitutional rules and system. Monetary constitution is department, which is the rule and system with authoritative constitutional in nature. Its core intention and ultimate value pursuit lie in the exertion through regulating monetary authority in order to guarantee citizens’basic rights and freedoms. Thus, as an original rule system, monetary constitution must establish core contents-limiting the power of government budget deficits, the controlling of money releasing power and so on-and corresponding basic rules of currency’s democracy and currency’s rule of law.The life and authority of constitution depends on its effective implementation. To achieve the aim of regulating monetary authority to ensure the ultimate value pursuit of human rights and to become " the whip of rules " taming monetary authority, monetary constitution as a department, its key and core rely on the implement effectively and conveniently. Among the numerous systematic channels in the implementation of the constitution, by constitutional interpretation, the optimal path to implement monetary constitution is through the system of constitutional interpretation of the channel. By interpreting monetary constitution-the evolutionary mode of constitutional change, it not only gives life and soul to the frozen body constitution, but also realizes the qualitative leap from theoretical " top-level design " to practical" governing the country by constitution "Monetary constitutionalism, as a constitutional construction in building growth mode, may be a kind of new constitutionalism consensus. It is a kind of brave exploration and rational choice after human has suffered numerous currency crises, disasters from the baptism of inflation and the countless hard thinking and trials. Therefore, the generation and development road of monetary constitutionalism surely will be winding, hard and reiterative. As a kind of new constitutionalism consensus, new constitutionalism building approach or a progressive way of constitutional change, monetary constitutionalism surely will not be perfect. There will be some deficiencies and defects in the concepts, rules, principles and institutional framework involved in monetary constitutionalism. Its scientific nature, universality, possibility and rationality will be inevitably doubted and opposed. But when facing the question, debate, criticism and even opposition, we should accept and face them calmly. Because only in the clash of different voices can we gradually reach a basic consensus and approval.