The Research On Justice Principle Of Economical Constitutionalism

State intervention in the economy is the important characteristics of traditionaleconomic law, which is closely related to Keynes economics theory which requiresincreasing effective demand to stimulate economic growth, so traditional economiclaw takes economic growth as the goal of value. But if re-examine existing economiclaw from the constitutional perspective, we can find the value goal should be justiceprinciple. The formation and operation of economic law should conform to justiceprinciple of economic constitutionalism.The theory formation of justice principle of economic constitutionalism isclosely related to the theory of natural law, the theory of economic constitutionalism,Buchanan’s constitutional economics and Rawls’ theory of justice. The legalization ofnatural law forms constitutionalism, natural justice is the dimension of constitutionaljustice. Economic constitutionalism as a subsystem of constitutionalism is theexpansion of constitutionalism in the field of economic law. Economicconstitutionalism and justice principle are inseparable. Justice principle is the basicvalue of economic constitutionalism, and economic constitutionalism is the best formof justice principle. In the stage of forming constitution, by uncertain screen andeconomic comparison of decision-making cost, Buchanan’s constitutional economicsestablish the participation and the consensus principles as the precedent procedurestandard for justice principle, namely the procedural justice. But the substantivejustice is the specific content of justice principle of economic constitutionalism,Rawls’ two principles of justice can be used for reference, they are principles of thefreedom and equality principle which is the foundation and the difference principlewhich is the supplement, the difference principle is the supplement of the fairequality principle of opportunity，it will achieve equality of the final result bycorrecting periodical inequality which is the result of the fair equality principle ofopportunity,so the equality is the foundation. There are priorities among theseprinciples, the first is the absolute priority of principles of freedom and equality,which shows there is no difference principle in the field of politics, the second is thepriority of the fair equality principle of opportunity over the difference principle,which means that it can tolerate the existence of difference principle in the economicfield, but difference principle is in a subordinate position, and its goal is to reach the final result equality. The difference principle provides the basis for state interventionand correction in economic law, but also indicates that the state intervention andcorrection is the complementary. Rawls’ justice theory shows the priority of freedomover equality, freedom is the core of justice, equality is equality of freedom, theequality which is the goal of state intervention in the economy is ultimately theequality of economic freedom, and it is the right for the economic law to protect,therefore, the equality of economic freedom is core content and substantial standardof justice principle of economic constitutionalism. As a legal right, justice principleof economic constitutionalism, namely equality of economic freedom, has static anddynamic structure forms, the static structure is economic legal relation between civileconomic rights and government economic power, the dynamic structure is therealization of economic law.Justice principle of Economic constitutionalism must be translated into concretelegal arrangements, so it can be truly implemented. The normative characteristics ofjustice principle laid the foundation for the realization of economic constitutionalism,it firstly requires the constitution ensuring the constitutional justice; secondly makelaws and regulations to be consistent with justice principle and the spirit of theconstitution. Design of economic constitutionalism also requires strengthening theeconomic legal system. At the same time, justice principle of economicconstitutionalism (i.e. economic freedom and equality) must be constructed in thebase of protection of the rights. The justice with no development is not real justice;the development of rule of economic law is an important criterion of development ofjustice principle." Consensus " is the logical starting point of the development ofjustice principle; Participation of citizens is the fundamental guarantee of thedevelopment of justice principles; If the conversation or compromise meet theconstitutional concept or constitutional interests, this participation will form a"consensus", In the absence of participation and consensus, the public reason andjustice should be kept as the compensation mechanism of development of justiceprinciple.The cause of China’s current economic and social problems is unconstitutionalityin the economy; it is also the deviation from justice, the nature of unconstitutionalityis the deviation from justice, thus solving these problems should start from correctingunconstitutionality to achieve justice principle of economic constitutionalism. Aimingat various causes of unconstitutionality, in order to correct the unconstitutionality itshould be adopted in the economic field to improve legislation democratization, standardize administrative enforcement, and strengthen judicial procedures, perfectthe system of constitutional interpretation, improve the filing system of regulations,establish public discussion platform etc.By integrating Buchanan’s constitutional economics and Rawls’ theory of justice,justice principle of economic constitutionalism puts forward a set of relativelycomplete, operational standards of justice in the constitutional procedure andsubstantive content, and makes them legalized and institutionalized, thus make thevalue of freedom and equality and the economic constitutional rights combinedperfectly. It has practical significance to satisfy citizen desire of participation andopinion expression, ease or eliminate all kinds of contradictions in the presenteconomy and society, thus to realize the economic freedom and equality through theeconomic constitutionalism.