Study On Hayek's Constitutional Thought Of Liberty

As the most famous ideologist, economist, political and legal philosopher in 20th century, Hayek's thoughts has a large influence in western countries, and even in contemporary China. His constitution thought is an important component part of his whole theoretical system. It is based on rigorous logical argumentation, absorbed and draw upon fruits of all the experiences and lessons in the past 200 years in the west. Hayek's constitutional thought of liberty treats liberty as its starting point. It is deeply rooted in his clear epistemology, especially directly origins in the elucidation of rules and order. This paper regards the two contrasts of democratic constitution and liberal constitution as a breach, expecting to offer reference to construction and reform of constitutional government of China.Under the study of rules and order, Hayek was able to differ clearly the internal and external rules, the spontaneous and organizational order. However, modern society gradually replaces internal rules with external rules and integrates the spontaneous order with the organic order. Modern representative democracy is based on the fallacy, so it can not exert a real restriction to the power and provide a real foundation for the constitution at all. Hayek thinks that we should create a system which can reflect and protect constitutional spirit, and thereby put forward a new mode for liberal constitutionalism.Hayek expresses liberalism through his legal and constitutional thoughts, he sublimates political issues into legal issues, and by using his new constitutional mode to attain constitutionalism. Genuine constitutionalism means restriction to any government who believes his power. Usually the government may own this power, so it is generally believed that rule by law means to restrict the government's power, in another word, to prevent the government from potential abuse of power. One ideal mode is to separate the power, which means the separation of the executive, legislative and judicial powers. In Hayek's constitutional mode, it is feasible. Two representative institutions such as the legislature and government will exercise their own power.Hayek's thoughts are valuable asset in intellectual history of humankind. It is of great value to unscramble them for the problems in contemporary China. Hayek's liberal constitutionalism thoughts opened up new field for our legal thought. We should actively explore and absorb the reasonable part of his thoughts. Thus, we have to unscramble law, constitution, nation, democracy and freedom creatively, and make every effort to build a free country under the rule of law.