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Individuals, Contracts And Constitutions

Posted on:2007-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiuFull Text:PDF
GTID:2166360185457442Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Through the inspections of the condition of the circulation of the state power and the effectiveness of democratic supervision mechanisms, Buchanan believes that the modern government is between the model of Leviathan and model of democracy actually. In his eyes, the national government agencies which are in modern democratic mechanisms as same as the other community agencies, are completely formed by different individuals who are motivated by personal and individual interests, So these government agencies and government decision-makings will be inevitably blended with personal interests, the result is that government may become the means that a handful of men seeks private interests at last. It makes the government be originally selfish, narrow, and faithless. what is worse, people all believe that the only democracy election process itself can restrain government behavior, but in fact, Comparing with the increasing expansion of the power, the democratic control is very fragile.On the other hand, as for the majority decision-making rules is one-sided to be understood, it is seen to equate with democracy , but actually,That the majority compells minority is acquiescent in democratic mechanisms. In Arrow's view, the democracy vote does not produce a kind of "social choice", the democratic decision-making mechanisms have violated the non-imposed standard, for the inadequate unanimity and ballot trade. Based on the thinking of above-mentioned problems, Buchanan conceives a kind of ultimacy of the constitutional view, which is constituted by two parts: one emphasizes rule restriction, the another is claimed the non-rules restriction . The theory of rule restriction favors that...
Keywords/Search Tags:Constitutions
PDF Full Text Request
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