Contractual Dimension Of Constitutionalism: A Primary Study

Here is a primary study on so-called contractual dimension of constitutionalism, which is a part of the critical study to the current mainstream legal positive jurisprudence and voluntarism legal theory as a response to the nowadays developing contractual theories originated by Master Jiang Shan, Zhang Hengshan, and Ian R. Macneil et al.After reviewing the previous studies on contractual theories and constitutionalism, the author also theories and constitutionalism, the author also employs a method of historical descriptive philology to analysis the original meaning of the Chinese word "Xian" and "Qi", etc., and a contractual paradigm is suggested to substitute the traditional sovereignty paradigm to criticize the classical legal positive by Bentham and Austin.But a pity left behind is that the relationship between "constitution" and "Charter" has not been discussed yet.