The Constitutional Dimensions Of The Government Under The Rule Of Law And Researches On Its Possible Approaches

It takes sense to do researches on the construction of the Government under the rule of Law, because it is the key portion of the policy to be a Country under the rule of Law. Whereas, there is an obvious trend in our researching field which hold an idea that the Government under the rule of Law is just the matter of Administration by Law. Actually speaking, the construction of the Government under the rule of Law is a systemic social project which indirectly means that either our social economic system or our political system should be adjusted and reformed, and it also infers that we should absorb and accept the ideas of the rule of Law in our cultural sense. The idea of the rule of Law is exotic thing from western world. In the process of our project, on the one hand, we must probe a rational way basic on our realistic situation, on the other hand, we also must acknowledge that we have already be put into a universal paradigm of modernization which means that we should absorb and learn the helpful elements from the western political civilization bravely. It is apparent that the Constitutionalism makes up of the western political civilization mostly, and it tells us that the constitutional dimensions of our project must be clarified in an effective way.The article is divided into five chapters. In the first chapter, the author at first gives a brief carding of the western idea of the rule of Law, and then discusses the general meanings of its modern type. To some extant, the idea of rule of Law is differ from the idea of Constitutionalism, so the author also discusses the historical origin and the modern meanings of Constitutionalism, and later the author educes a conclusion that the Government under the rule of Law is nothing but the integration of the idea of rule of Law and the idea of Constitutionalism. Human nature, power, and law are three basic material to construct the Government under the rule of Law, what's more, they are also be seriously cared by the idea of Constitutionalism. So the later three chapters the author tries to reveal the constitutional dimensions of the Government under the rule of Law in the three important ways. The discussion of human nature serves two issues: one is aimed to give our project a reasonable start point regarding to the institution design; the other is trying to tell us that the process of the construction of the Government under the rule of Law must carry out the human-centered idea. The second constitutional dimension is about power-thinking, in this part; the author discusses the rational attitude to administrative power, and then tell us how to arrange the power structure of our government which in turn refer to a modern type of power-separated theory, at last the author emphasizes our project must get in accord with the idea of limited government. The third constitutional dimension refers to the legal requirements of Constitutionalism to our project, in this part, three points were discussed: the constitutional criterions of good law; the construction of the Government under the rule of Law must carry out the principle of constitution paramountcy; the construction of the Government under the rule of Law must pay attention to the function of morality. With the new constitutional angle, the last chapter, the author tries to analysis the possible ways for the project to be done.