The Constitutionalism Functions Of The Governance By Civil Society

In contemporary China, constitutionalism is a desirable purpose that many people pursue. The fact that it is difficult to fetch is not because of its theoretical dilemma but the lack of its foundation. This paper believes that the foundation of constitutionalism consists in civil society. The reason why the authority of China’s constitution is not esteemed is the weakness of the power of civil society. Therefore, if it is desirable to develop China’s constitutionalism, we should consolidate the foundation of constitutionalism by the governance by civil society. The governance of civil society may propel constitutionalism in two ways. On one hand, when dealing with the relationship between state and society, the governance may not only strengthen the power of civil society to control state but also consolidate the legitimacy of state and rebuild the authority of state. On the other hand, the governance by civil society may provide a sound basis for constitutionalism by cultivating the consciousness of citizenship, developing the republicanism of classes and shaping political community. Therefore, the development of contemporary China’s constitutionalism should be started in civil society. The whole paper is composed of four chapters.Chapter One dicusses the foundation of constitutionalism. In contemporary China, the theory of normative constitution and political constitution discuss the approach to realize constitutioanlism. Because the basisi of consitituionalism is not only the constitutional text but also political reality, it is improper to discuss constitutionalism only from the aspect of consitutional norms. There are several constitutional texts in the history of China’s constitution, but constitutionalism never exits. The reasons are the handing of elites and the absence of the people. While the basis of constitutionalism exists in the society and the people, only rooting in the society may constitutionalism be solidate.Chapter Two dicusses the concept of governance by civil society. Contemporary China is in a special historical period, the power of state is out of control while the power of society is hard to express. Some scholars introduce the theory of governance to try to solve the problem of uncontroled power of state and realize the cooperation of state and society and the diversification of power. Because civil society is a proper subject of governance, the theories of governance and civil society are often combined. But the theory of civil society roots in western world, it is not absolutely proper in China’s context. So it is necessary to apply the concept civil society with a comprehension according to our tradition and reality,that is, minjian. The governance by civil society(minjian), is the governance whose subject is civil society(minjian).Chapter Three discusses the external effect of governance by civil society. The external effect of governance by civil society chiefly appears in the relationshi between civil society and state. In the political and social environment in contemporary China, state and society mingle but not oppose to each other, so the governance by civil society is important to the governance of state. The importance can be decribed as two aspects. First, the power of civil society may filter into state so as to restore the fragmented authority, while the democracy process in which civil society can participate in the governance of state will consolidate the legitimacy basisi of the state. Second, civil society will control the state power from outside the state and prevent the danger of the abuse of power by some democracy procedures.Chapter Four discusses the internal effect of governance by civil society. The basis of constitutionalism roots in society, and the realization of constitutionalism needs the requirement and support by citizens. But in contemporary China, because of the lack of civicness and publicity, constitutionalism is far from civil society and can not be comprehended and supported by the people. Therefore, the governance by civil society should lay the foundation of constitutionalism through three steps. First, converting atomic individuals into citizens by governing and preserving social capital. Second, realizing the stabilization of the society and the republic of all strata by the conformity and dialogue among strata. Third, forming a political community where the common good is respected by all citizens, strata and interest groups, so as to provide the only legitimate basis for constitutionalism.