Research On LiAo's Constitutionalism Theory

Since the beginning of modern China, constitutionalism has become a long-cherished dream of the Chinese. They diligently strove for the transformation from absolutism to constitutionalism: in the past century, numerous people with lofty ideals endeavored to absorb the experiences of the previous dynasties and other countries, kept seeking approaches towards constitutionalism, leaving experience and lessons for the later generations, in spite of the failures. Li Ao, a scholar living in Taiwan, made great contribution for Taiwan's democracy through his struggle against the authoritarian rule of KMT government for constitutionalism. Meanwhile, his constitutionalism theory quietly sprout, grow gradually, and eventually to a mature.In this dissertation, the author takes Li Ao's constitutionalism theory as the main research object, analyzes its background and concrete content, and tries to make an overall evaluation of his constitutionalism theory. By doing so, the author intends to figure out the effects of Li Ao's constitutionalism theory for the construction of constitutional system in Taiwan (P. R. China), and explore its value as beneficial experience for Mainland China.This dissertation, barring the introduction and epilogue, consists of three sessions:In the first session, the author starts from the formation of Li Ao' constitutionalism theory, focusing on the analysis of its background and historical inheritance. In this session, by employing the research findings of political science, sociology, and history of Ideas, the author begins with the status and the external and internal environment of constitutionalism in Taiwan, outlines the background of the formation of Li Ao' constitutionalism theory. Then, the author explores the historical relationship between Li Ao's constitutionalism theory and other scholars', by comparing his theory with the theories of Liang qichao, Hu shi, Lei zhen, Ying haiguang.In the second session, the author begins with the content of Li Ao's constitutionalism theory, emphasizing on its connotation. In this session, the author employs literature study, and extracts the main content of Li Ao's constitutionalism theory by reading his papers. The author summarizes Li Ao's constitutionalism theory as five aspects: (1) the cultural stands as total Westernization, (2) the freedom of speech as the breakthrough point, (3) the balance of power by criticizing the authority, (4) liberalism as the value orientation of constitutionalism. The above-mentioned five aspects are interrelated and have an interaction effect on each other, and constitute an indivisible system of Li Ao's constitutionalism theory. In terms of the current status of constitutionalism in China, the author of this dissertation holds that Li Ao's theory is controversial: his cultural stands as total Westernization is still in dispute, the freedom of speech as the breakthrough point has been approved by many scholars in the research field of constitutionalism, the balance of power by criticizing the authority is in need of further research in practice, liberalism as the value orientation of constitutionalism is currently under the domination of nationalism and collectivism. Therefore, getting back to the pattern of constitution law is the most practical and reliable approach for us.In the third session, the author centers on the evaluation of Li Ao's constitutionalism theory, focusing on the estimation of its overall features. Making an objective and comprehensive evaluation of someone's theory is never an easy doing, for all evaluations must carry the evaluator's subjective ideas more or less. Therefore, the author of this dissertation employs the theory of contradiction and dialectic, identifying Li Ao's constitutionalism as three contradictions: radical but conservative, critical but constructive, ideal but pragmatic.