On Liberalism Constitutionalism And Tolerance

The modern constitutionalism movement is the outcome of the development of liberalism, and constitutionalism is the basic category of the theory of liberalism. The idea of toleration in the theory of liberalism has an important effect of the formation of constitutionalism. Constitutionalism comes into being in the course of evolution to the religions from the political toleration. Therefore, we can acquire good comprehension on the implications and dialectical relations of constitutionalism and toleration only from the angle of the theory of liberalism. Toleration is the prerequisite of constitutionalism because there would be neither the plural society nor constitutionalism without toleration. Constitutionalism is the norms and mechanisms of toleration for reason that toleration isn't loose-principled or unlimited. In a society for ruling of law, constitutionalism delimits a boundary line, defines new regulation , and constructs a series of mechanisms such as participating, competing, balancing and redressing mechanism for political toleration. The author thinks, on the basis of this knowledge, the constitutional practice in our China ought to embody the constitutional spirit on the basis of democracy that uphold political toleration, protect citizen's freedom, and overcomes the defect of democracy. At first, we must make great efforts to get rid of the ideology' of constitutional document in order to enhance the acceptability of the present constitution. Secondly, we ought to make perfect general constitutional mechanisms such as electoral system, and congress, etc. these mechanisms might not only cultivate political identity in the hope of establishing the legality of state power, but also help to bring about social conformity, thereby disintegrating the centrifugal force of society and removing political conflict. Thirdly, we should improve the institutions of finance and tax. The National People's Congress must dominate the legislative power oftaxation, and the people's congress at different levels should supervise in real earnest the budget and final accounts of government at the same level. At last, we way set up the system of constitution lawsuit to make constitution get into our actual political life, so as to advance judicial independence and strengthen the practical, independent and autonomous character of constitution.