The Logic Of An Ideal Model Of Constitutionalism

This article aims to clarify the logic of hayek's research on constitutionlism by reading his articles, and come to the following views: 1, Hayek Although the so-called maintenance of the constitutional rights of freedom and the pursuit of, but far from the fundamental purpose. Its constitutional system the starting and ending points are the evolution of a civilization, the maintenance of the system. 2, A civilization known as the evolutionary mechanism Spontaneous order. Spontaneous order, based on a rational view on the theory of evolution. The core concept of such a rational proposition that human rationality is not unlimited. Knowledge of the facts of human ignorance will inevitably lead to a single body of society and individual can not make the deployment of unified and arrangements, as it is impossible to know a particular purpose must be desired, it is impossible to know a way to achieve the purpose of must be feasible. For ignorance of the fact that the ideal approach is to let individuals use their knowledge to pursue different purposes, through the successful experience of leading the later through the lessons of failure warning later. Then this process can be progress in civilization, which demands that freedom. 3, of human freedom is as inevitable ignorance arising debugging mechanism, through the mandatory exclusion of others so that people are free to use their knowledge to the pursuit of different purposes. Freedom is defined as mandatory does not exist, and rule out the mandatory approach is based on the compulsory state monopoly to exclude others mandatory. Therefore, it is necessary to impose the compulsory state monopoly to certain restrictions. 4, such a restriction is achieved through the rules. Such rules are not all the rules, the proper rules of conduct but also by his acts as a general rule, the rule allows a person may be foreseen with certainty that the Government will be in a situation of how to use its coercive powers, and in accordance with understanding of this plan of his own personal affairs. 5, the general rules of conduct may be subject to damage and undermine the premise that the dual functions of government was the possibility of confusion. Not only because the Government bear the maintenance of the functions of the general rules of conduct, at the same time assume the functions of the provision of public goods. The former focuses on the theory of evolution based on a rational view and the inherent requirement of justice, which is a concept to build on the basis of rational functions of the organization - is characterized by the pursuit of a specific purpose which the inevitable spontaneous order and self-generated logic runs counter to . 6, the nature of such breach of rules of conduct on the general concept behind the abandoned justice. The general rules of conduct by the concept of justice is the pursuit of general interest, namely to promote their own personal use only of the personal pursuit of the unknown. This is not justice to those who have suffered a specific occasion of the specific interests of the stakeholders made a balanced view of social justice is this, he called for the intervention of a specific result. And this will inevitably lead to the failure of the positive and negative feedback mechanisms, thus threatening Spontaneous order. 7, on the meaning of justice of the general rules of conduct derived from the West abandoned the alienation of contemporary democracy. Democracy and the pursuit of general interest should be the institutional arrangements, but it has become a bargain for the realization of particular interests of any person can be forced to launch the process. Alienation in this concept of democracy that the law is to safeguard the freedom of no longer rules, but the command organization. 9, Hayek's model of the ideal of constitutional norms of democracy is expected to ensure that the general rules of conduct will not be replaced by the rules of the organization in order to maintain our freedom, the protection of civilization Spontaneous order.