Study On Development Of Constitutionalism From The Perspective Of Deliberative Democracy

The combination of Constitutionalism and Democracy, is the great invention in the governance area of human society. Democracy has opened up broad soil for the development of Constitutionalism, and Constitutionalism has never stopped exploration for better Democracy. But when expansion of Democracy led to Constitutionalism weakening, or when the Constitutional ideal enhancement suppressed the democratic process, the tension between Constitutionalism and Democracy will arise, and Constitutionalism running even deviate from the Democracy track. Deliberative Democracy theory is a democratic mode, which based on the self-reflection of self-interest in Representative system of Constitutional Democracy, and attempt to change preferences through dialogue and exchange, while the deliberative process is embodied in "Open Debate" and the "Public Interest" two core concepts. Open Debate is the process of free and equal citizens or their representatives use public reason for the statement of reasons each other and try to reach mutual agreement. Public Interest is the key element of Deliberative Democracy which is different from other negotiation. Civil Rights in the Constitution provides the basic legal protection for the emergence and development of Deliberative Democracy, and the structure form of constitutional organization provides the basic space for Deliberative Democracy .Study on Development of Constitutionalism from the Perspective of Deliberative Democracy essentially discuss the relationship between Constitutionalism and Democracy. To examine the existing constitutional system from the deliberative democracy angle, there are many problems in the Representative system of Constitutional Democracy, such as a clear lack of civic participation, elections mechanisms underlying the serious social division factors, and the conflicts between the majority and minority, the preceding generation democratic rights and the next generation democratic rights and other issues. The rise of Deliberative Democracy theory has brought the development of constitutionalism in the context of globalization, cultural diversity and large-scale social imparity new hope and unlimited reverie: Firstly, the legitimacy of constitutional organization would be changed from majority rule to deliberation, and the focus of constitutional decision-making carrier would gradually shift to public organizations. Secondly, deliberation and dialogue will be the core of constitutional decision-making, and the function of voting would be changed from the interests aggregation to the consensus recognition. And thirdly, modern Constitution would be also changed from Freedom Constitution to Deliberation Constitution.