The Restriction On State Public Power Under Habermas' Deliberative Democracy Theory

The public power is considered the tool which violates human-rights the most easily. Theory generally believes that the public power must be restricted. Today most countries try to reach this goal through the constitution. Our constitution also makes some restrictions on the public power, but these restrictions obviously can not fulfill the purpose of regulating it, so that in recent years the public power was abused again and again. Public power must be vigilant. In order to restrict public power we must strongly develop and perfect our democratic institutions, reform and innovate the form of democratic. In this case, we can make people become the masters of the country.With the latest developments of contemporary western democratic theory, deliberative democracy theory, especially Habermas' deliberative democracy theory, has an important significance to ensure citizen autonomy and realize real democracy. Habermas' deliberative democracy theory includes two aspects of content. Firstly, deliberative democracy is a program. The greatest feature of this program is consultative. The aim of this negotiation is to realize the change preferences but not to polymerize preferences, thus reasonably to form the consistent opinion. Only by this consultation program can we produce legal and reasonable results. The theory of deliberative democracy of Habermas is basically to restrict the public power through its special democratic procedures. Citizens enjoy political participation rights and communication rights widely, proceeding political communication for all affairs with public interest, to form their political will in the process, aiming to seek a legislation goal, to protect their mutual recognition rights or to control the public power through the law.The restriction on public power of Habermas' deliberative democracy theory must ultimately be reflected in the constitution. By specifying the deliberative democracy as the basic way of political life, we can guarantee the citizen autonomy, regulate public sphere through constitution to implement public power restriction and realize human rights protection finally.