Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues th...Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.展开更多
Due to the advent of the 1994 democratic constitution particularly sections 32 and 33 which provide for every person＇s right to freedom of conscience, religion, belief and thought, and also to academic freedom Malawi...Due to the advent of the 1994 democratic constitution particularly sections 32 and 33 which provide for every person＇s right to freedom of conscience, religion, belief and thought, and also to academic freedom Malawi has significantly witnessed mushroom development of tribal organizations, aiming at preserving and protecting local religious beliefs and cultural practices. The Chewa Heritage Foundation （CHEFO） and the Muhlako wa Alhomwe （MWA） are among the well-known numerous ethnic organizations through which the traditional beliefs, cultural and religious practices enjoy significant respect from Chewa and Lhomwe people. Although the new Constitution has cleared a road for the establishment of these ethnic organizations, it seems activities of all ethnic associations are significantly promoting tribalism and nepotism, in addition to being used as campaign tools by political parties. This article intends to critically assess and evaluate the role and the impact of the Chewa Heritage Foundation and Muhlako wa Alhomwe on rule of law, govemance and culture in Malawi. The following question will guide the discussion： Why are the Chewa Heritage Foundation and Mulhako wa Alhomwe cultural associations while exercising their constitutional rights promoting tribalism, regionalism and nepotism and used as campaign machinery by both opposition and ruling political parties？ Its hypothesis is, in spite of preserving protecting cultural practices as guaranteed in constitution, tribal organizations need to be watchful so that they should not promote tribalism, nepotism and being used as campaign tools by crooked and opportunist politicians.展开更多
The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, whic...The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.展开更多
Constitutional consciousness is a general term for citizens＇ knowledge, opinions, ideas and thinking about the Constitution. It not only drives the implementation of the Constitution and the development of democratic...Constitutional consciousness is a general term for citizens＇ knowledge, opinions, ideas and thinking about the Constitution. It not only drives the implementation of the Constitution and the development of democratic politics and the rule of law, but also serves as an indicator for the extent of the rule of law. In the course of social change, constitutional consciousness constitutes an inner spiritual force within the constitutional order. It is a force for change in itself, especially as ＂a cultural soft power＂ that remolds normative judgments and value bases. A stable and mature constitutional consciousness provides a foundation for the benign operation of social change. Over the past 60 years, the development of Chinese society has followed a tortuous path, but due to citizens＇ constitutional consciousness the 1954 and 1982 Constitutions were always vehicles and forces for social cohesion and harmony. The way to improve supervision of constitutional implementation is to truly make rule of law thinking centered on constitutional consciousness into the basic value consensus of citizens and different groups at the level of the nation, the government and society. Adhering to the concept of the supremacy of the Constitution and exploring ways and means of adopting a more reasonable, pragmatic and open approach to its implementation will provide a solid constitutional foundation for the full implementation of governing the country according to law and will advance the construction of a rule of law China.展开更多
文摘Constitutionally protected rights remove political issues from the control of the democratically elected legislature. Since such rights therefore limit the power of the majority, recent work in rights theory argues that the constitutional protection of rights is inconsistent with the fundamental democratic idea of government by the people. According to this view, democracies should assign the power to resolve questions regarding the nature and extent of individual rights to the majority. Constitutional attempts to remove such questions from the public agenda, it is argued, are disrespectful to citizens who disagree with the views embodied in the constitutionalized rights. I argue that this critique： （1） is insufficiently attentive to the question of when legislation by the majority constitutes a legitimate exercise of political power; and （2） underestimates the importance of securing the constitutive conditions of democratic self-government.
文摘Due to the advent of the 1994 democratic constitution particularly sections 32 and 33 which provide for every person＇s right to freedom of conscience, religion, belief and thought, and also to academic freedom Malawi has significantly witnessed mushroom development of tribal organizations, aiming at preserving and protecting local religious beliefs and cultural practices. The Chewa Heritage Foundation （CHEFO） and the Muhlako wa Alhomwe （MWA） are among the well-known numerous ethnic organizations through which the traditional beliefs, cultural and religious practices enjoy significant respect from Chewa and Lhomwe people. Although the new Constitution has cleared a road for the establishment of these ethnic organizations, it seems activities of all ethnic associations are significantly promoting tribalism and nepotism, in addition to being used as campaign tools by political parties. This article intends to critically assess and evaluate the role and the impact of the Chewa Heritage Foundation and Muhlako wa Alhomwe on rule of law, govemance and culture in Malawi. The following question will guide the discussion： Why are the Chewa Heritage Foundation and Mulhako wa Alhomwe cultural associations while exercising their constitutional rights promoting tribalism, regionalism and nepotism and used as campaign machinery by both opposition and ruling political parties？ Its hypothesis is, in spite of preserving protecting cultural practices as guaranteed in constitution, tribal organizations need to be watchful so that they should not promote tribalism, nepotism and being used as campaign tools by crooked and opportunist politicians.
文摘The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.
基金a phased result of Research on the 30th Anniversary of the Implementation of the Constitution,a program of the Humanities and Social Sciences Planning Fund,Ministry of Education(No.11YJA820021)
文摘Constitutional consciousness is a general term for citizens＇ knowledge, opinions, ideas and thinking about the Constitution. It not only drives the implementation of the Constitution and the development of democratic politics and the rule of law, but also serves as an indicator for the extent of the rule of law. In the course of social change, constitutional consciousness constitutes an inner spiritual force within the constitutional order. It is a force for change in itself, especially as ＂a cultural soft power＂ that remolds normative judgments and value bases. A stable and mature constitutional consciousness provides a foundation for the benign operation of social change. Over the past 60 years, the development of Chinese society has followed a tortuous path, but due to citizens＇ constitutional consciousness the 1954 and 1982 Constitutions were always vehicles and forces for social cohesion and harmony. The way to improve supervision of constitutional implementation is to truly make rule of law thinking centered on constitutional consciousness into the basic value consensus of citizens and different groups at the level of the nation, the government and society. Adhering to the concept of the supremacy of the Constitution and exploring ways and means of adopting a more reasonable, pragmatic and open approach to its implementation will provide a solid constitutional foundation for the full implementation of governing the country according to law and will advance the construction of a rule of law China.
