祛魅与尊重:迈向多元族群社会和谐的宪政之维

Disenchantment and Respect:The Constitutionalism Dimension of the Path to Harmony of Multi-ethnic Societies

民族主义是古老而现代的话题,族群冲突构筑了现代社会的基本特征,而族群多元性却是现代国家的固有属性。非理性民族主义已经成为导致国家内部和国家之间冲突的主要根源。现代宪政制度应当尊重、承认进而调适殊异族群的文化歧异性。现代多元族群国家应将族属认同与政治认同分离作为处理民族关系的理性原则。在宪政民主的法律体系和政治文化中,作为民主过程及其结晶的宪法可以为公民提供一种身份认同;同时,以政治认同与族属认同相分离为契机,结合以宪法为核心的国家认同观进而形塑一种在不违背国家根本利益和制度的前提下自由发展本民族文化的族群和谐状态。

Nationalism is an ancient and modern topic. Ethnic conflicts are the basic characteristics of modern society. However, ethnic diversity is the inherent nature of modern countries. Irrational nationalism has been the major source that led to conflicts between countries and the internal. The modern constltutionalism system should respect and recognize and then adjust the culture diversity of distinct ethnic group. Modern multi-ethnic countries should hold a rational principle to deal with ethnic relationship, which country has to separate the ethnicity identity and the political identity. In constitutionalism democracy legal system and political system, the constitution that has been considered as the process and crystallization of democracy can provide the citizens with an identity. At the same time, with the foundation of separating the ethnicity identity and the political identity, combining with the constitution as the core of the concept of national identity, and then shape a kind of ethnic harmonious state that the people can develop their ethnic culture free under premise of do not violate the fundamental interests and political system.