The Hsiao Democratic Constitutionalism Comment

This dissertation mainly interpreted the text of Constitution andDemocracy of Kung-chuan Hsiao and analyzed his material views ofdemocratic constitution and problem of national character.Democratic constitution is exotic. Hsiao's views of democraticconstitution were based on the knowledge of western constitution,especially English and America. According to Hsiao, democratic is aninstitution rather than a kind of life-style which is maintained primarilyby people's refinement. Hsiao's position was liberalistic and he opposedto liberal socialism. He proposed three conditions about how to establishdemocratic constitution of liberty: political unification, partygovernment and national character, among which the last one isemphasized. Hsiao argued that people is impercipient to the concept ofdemocratic constitution, which should be implemented through people'spolitical ability rather than political tutelage. Hsiao held that constitutionis just an instrument and should be implemented quickly. However, thiskind of arguments doesn't consist with practical principle of politics.Hsiao commented on the problem of election, and argued that nationalcharacter is not an obstacle of clear election.Finally Hsiao attributed the failure of constitution to people's littleculture. Indeed, it was the politician of the day who furthered the causeof constitution and should bear liability.