Research Program Constitutional Pattern Outline: Habermas Constitutional Theory

Procedural constitutional pattern is the results of Habermas' theory diagnosis to the advanced capitalist society, and also his intellectual exploration aim to rescue the crisis. With the aid of discourse theory, Habermas has restructured the right valid foundation, in the post-metaphysical context, the right validity from awards in the citizen, legal validity from people's reasonable discussion based on procedure mutual recognition. The process of people utilize the communication authority to carry on the reasonable discussion and people's self-legislation are the synchronization. After clarifying these two theory premise, Habermas put forward the concept of procedural constitutional pattern. Procedural constitutional pattern includes the following integrant parts: legal framework and right system on the foundation of procedural; discourse ethics and the universal pragmatics provide the ideal speaking situation; equal subjects' reasonable discussion based on procedural mutual recognition; procedural safeguard of the communication authority. Procedural constitutional pattern conformity the beneficial ingredient of formalism constitutional pattern and welfare statism constitutional pattern, and therefore it has the theory superiority. Procedural constitutional pattern's various essential factors had respond the legalization crisis's challenge in advanced capitalist society in different plane, and has provided the possibility for the resolution of legalization crisis in advanced capitalist society.