On the way to the proof of the legitimacy of the Constitution

Paper Keywords: Constitutional Justification acceptability ways Purpose
Abstract: proof of the legitimacy of the Constitution there are two ways: a combined subjective and objective aspects of the purpose of demonstration the acceptability of argument. The former is a proof of concept and value, which is evidence of practical action. The Constitution in the psychological , in line with the basic values and moral values and belief systems, that is proof of the purpose of constitutional legitimacy, the Constitution was in real life people to respect and implementation of voluntary, that is proof of the acceptability of constitutional legitimacy.

The constitutional legitimacy of the primary meaning of justice and moral elements of the constitutional purpose of justice attributes. Justification is the ethical basis of justice and constitutional and philosophical foundation. It is the ethical basis, because the constitution of justice, including the theoretical value of all the causes and the Constitution beliefs are included in the people on the basis of the ethical and moral legitimacy, the words of a philosophical foundation, is proof that the logic of the legitimacy of the Constitution and due process must be dependent on the philosophy of rational people, especially the value of philosophical ideas and methods. Therefore, the correct understanding of constitutional legitimacy is the key to open the constitutional justice, but also the value of a comprehensive grasp of the Constitution, the first step. study the Constitution and the legitimacy of not only understanding and grasp of the scientific connotation of constitutional justice, but also contribute to a comprehensive grasp of constitutional values logical origin, led us to the existence of the constitutional foundation of the value of rational reflection and evaluation, and its meaning is very profound. However, a long time, constitutional legitimacy problem has never been an effective academic attention, even if someone used the Constitution the legitimacy of the concept itself is rarely addressed in the "legitimacy" and reliability, particularly with regard the proof of the legitimacy problem, but few of those. In view of this, the choice of this topic is valuable - - the constitution should be a valid proof of legitimacy. and this proved not only a strict logic, but also appropriate methods and approaches. However, because legitimacy is a value concept, with considerable moral taste. Therefore, must first be demonstrated in the value level, which is the most difficult, is necessary. On this basis, but also a positive level of support and proven materials, so that the legitimacy of the Constitution is a logical proof, sound and convincing.

First, the constitutional legitimacy of the argument approaches
Proof is the argument that, provide a theoretical basis, with reliable facts and materials to show or determine a matter or to determine the authenticity and rationality. The Constitution in fact provides the proof of the legitimacy of the constitution is in line with the basis of fairness or justice and infrastructure. The Constitution is only with his own foundation and theoretical basis for legitimacy, when the justice will appear, but only when the Constitution to fully demonstrate their existence is a basic, necessary, consistent with people's social and political life objectives, its legitimacy will appear. the so-called proof means, in fact, demonstrate the ways and means and channels, or into the road. constitutional validity of the proof is in what way or in what ways and means of channels and approaches to prove the existence of the Constitution is necessary, moral foundation, and meet people for a better political life requirements.

Argument about the legitimacy of the approach, Guangxi Normal University, Professor Huang Zhusheng had dedicated Research, he in the "<proof of legitimacy of public law approach investigated>> a text studied in more detail the requirements and on the Justification of the approach . to demonstrate the legitimacy of the request is concerned, Mr Wong said: verify the legitimacy of public law is to the standards of justice to the content of the law of value judgments and value measurement, it is the law to find the legitimacy of the content can be shown to degrees. At the same time, is also a point to prove to a certain logical conditions and conclusions of its logical relationship between the process. Justification of a complete statement of the program should be not only the contents of legitimacy, it must ensure that such statements are consistent with logical statement, not just the legitimacy of the principle of making a simple declaration. and logical statement of the argument need to choose a reasonable starting point, and reliable approach to application. According to the different point and method of argument, Mr Wong on the existing Six demonstration law (of course including the Constitution) of these conditions, the typical approach were analyzed and revealed the characteristics of their own theory, demonstration style and logical thinking, from which to explore the common law and find a viable path to theoretical analysis. He that the legitimacy of public law, the inquiry is probing the logical derivation process, need to determine the basic logic and analytical basis points. On this basis, the measure of the legitimacy of the principle of access need to, otherwise the legitimacy of the process and conclusions of the effective nature to doubt. Finally, because the legitimacy of public law in the ethical argument is essentially within the scope of confirmation, therefore, still need to resort to the methods of ethics in order to fundamentally solve the demonstration methodology and demonstrate its effective range of issues. basic questions of ethics, only by way of psychology can be answered. because the institutional legitimacy of the system of people's identity and a psychological operation to follow the concept of whether people can only be recognized and accepted resort to psychological evaluation criteria, the objective value of truth - the system, in line with the standards they will insist they get their recognition of the psychological evaluation, or whether it will have been abandoned. �� This is actually said that while the Demonstration of the ultimately have to come back to moral and value dimension. Since the constitutional legitimacy is a moral category, the standard is about the constitutional legitimacy of the political life of the system of cooperation for the purpose of the people, acceptability and psychological identity of. So, as long as we have demonstrated is consistent with the Constitution the people's ideal of political purpose, constitution and practice of the operation and value people psychologically acceptable, recognized, the legitimacy of the Constitution to be proved. Therefore, way speaking, we must prove that the formation of the Constitution conform to the ideal of political purpose and common ethics, into the road from speaking, to prove that the production and operation of the Constitution is that people agree in value, it is morally acceptable. summary it is actually two paths: a combined subjective and objective aspects of the purpose of demonstration of the acceptability of argument. The former is about the constitutional legitimacy of the proof of concept and value, which is on the constitutional legitimacy of the practice of evidence of action . the unity of the two valid proof of the legitimacy of the constitution. Coincidentally, Mr. Li Qi in the legitimacy of the political argument holds much the same way the idea when he said: "The proof of political legitimacy in theory there are two ways: (1) Rules (system) Justification form, the political domination of reality by demonstrating the system to be consistent with the legitimacy, that is, to prove legitimacy through legalized. Its typical of the late Qing to the 'Outline Imperial Constitution 'to legitimize authoritarian rule to obtain ... ... (2) proof of the concept of the legitimacy of the form of value, that is, through political domination of knowledge or belief (value) system to be consistent with the legitimacy, that is, to prove by Purpose legitimacy. System Justification form from human to find the legitimacy of both the basis for the action, apparently belonging to the legitimacy of empirical proof, proof of the legitimacy of the form of value is not from human action but from the spiritual world of human Find legitimacy basis, can be said that proof of purpose. "

Second, the constitutional legitimacy of the value of the proof
Purpose of constitutional legitimacy of the proof, the human history has proved that there are two very different ways. Pre-capitalist period, though it was not in the strict sense of the Constitution, but the legitimacy of political rule is discussed exist, we can then prove that the people on the political legitimacy to observe the people prove that way. According to the political history of mankind shows that people through the "divine right of kings" or the "Idea of God" and to God or to prove the legitimacy of days political legitimacy. idealist logic of this approach is clearly inconsistent with the legitimacy of the modern constitutional requirements. With the rise of modern bourgeois revolution and the enormous development of modern political civilization, the Constitution become the pursuit of the ideal system to protect the political civilization designed by rational people, and was a great development and universal recognition. constitutional reason why there is such a vitality that is the reason it won the legitimacy - the legitimacy of the Constitution in line with people for the purpose of political life.

First of all, the Constitution found people in the psychological yearning for the good life. Good life is that everyone is equal, safe and free life, it is first a good political life, in which the political society, everyone can have equal access to development opportunities and promote the welfare of the space. The best protection system is the Constitution as a political civilization. It can effectively contribute to the welfare of members of society and the realization of social governance. from the ancient to the modern Rolls-Aristotle have demonstrated a good social life like state: the purpose is to promote social welfare of its members, the community in accordance with commonly accepted principles of justice and effective governance. The Constitution is precisely these two principles of legitimacy derived general rules. people to accept the constitution, because the constitution in line with people yearning for a better life, and vice versa, the Constitution is in line with the design of the system on the good life, has gained a legitimacy of support.

Second, the value of the Constitution in line with the level of the people for the proper establishment of the political system can be apologetic with the standards and requirements. Legitimate political system, political system can be set up means that the construction of the public will and behavior choices constitutional legitimacy can be established between the development of the constitution is in the public's wishes and behavior choices constitutional right of access that is recognized by the people, by way of its people and the content is permitted, when the political system of meaning can be political debate stand the people after the formation of the system is a reflection of people's political behavior and choice is debatable, in line with the basic values and moral goals. corresponding constitutional legitimacy of the constitution can be enacted after the debate that stand people's reflection and debate, people's behavior and choice is also possible constitutional debate, in line with the basic values and moral goals. In other words, whether in the value of the level, or in the practical level, the Constitutional right of access to and the constitutional act can be reflective choices are justified. In short, no matter who gets constitutional rights, constitutional rights and how to obtain, but also whether it is constitutional behavior, or the constitutional system, the establishment and only if they reflective public debate have been the basic level in the value recognized the legitimacy of the Constitution can be proved - only system consistent with the Constitution and constitutional acts of the common people's life goals, to be able to get the public's basic identity. Links http://www.hi138.com Research Papers Download last, the Constitution recognized the moral meet people's basic values and belief systems. According to natural law point of view, the law is the standardization of forms of justice, justice is the essence of moral and the core. It can be said is that people recognized by the law in fact the universal form of morality, good law must be the concentrated expression of the moral good. Similarly, good constitution, must be recognized by society's focus on the moral high performance that the Constitution is just focused on good performance. In turn, the evaluation of the legitimacy of the Constitution to see whether it meets the standards of justice or morality, that people see it recognized by the host community values, social ideals and ethical beliefs, whether the concept of a unified or consistency, and the extent to which uniform or consistent. If the Constitution and recognized by the society in which values and belief system of uniform or consistent, then the Constitution has gained recognition, has been generally recognized and accepted by the people, and its legitimacy foundation is solid. If both the degree of unity is not strong enough or consistent, then either the Constitution does not accurately reflect the expression of the values recognized by the people and belief systems, or a manifestation of shared values and belief systems of the Constitution lack of technical and feasibility, and its maneuverability is not strong, affecting the implementation of constitutional justice. The former is often said that the substance of the constitutional justice, that the substance of the Constitution in accordance with recognized ethical standards, the latter form is often said that justice, that is consistent with the Constitution in the form of accepted moral standards, such as universality, openness, consistency, feasibility, clarity and stability. "substantive standards of justice measured the expression of focus is the question of its accuracy, and the degree of accuracy of expression, that is its expression of shared values the accuracy of the problem, the standard form of justice can be achieved is the problem, namely the feasibility or technical issues. Of course, this is mainly from a moral point of view, that is, can accept from people's minds to think, not from the technical feasibility of the proposed. "

Third, the constitutional legitimacy has proved
To prove the acceptability of the legitimacy of the Constitution, the main expression of the constitution to be in real life, respected by the people and the logical result of the implementation. It is a kind of proof of the results to prove the reason for ways to get the people that the Constitution if universal acceptance and implementation of its legitimacy to be proven, because people will only go to accept the legitimate, constitutional justice, and not to accept unfair, unjust constitution.

On the acceptability of the content of the Amur American scholar Leslie Locke's constitutional theory of summing up, said: "For Locke, the acceptability of a double meaning. On the surface, if people do not want to change some political system, then the political system is that people can accept. but also means the acceptability of morally acceptable - that is, the political system must meet the people's moral beliefs, such beliefs about the obligations of a man of God and the responsibility to others, it must also allow the life and moral line. a man must be taken into account the whole community, but also taking into account the physical world with the importance of the natural environment. "Obviously, you can acceptance and value of empirical evidence two meanings. to empirical level, the acceptability means consciously abide by and implement, at least not been against people and destruction, as long as large-scale changes in the constitution or not is often change, we believe that the constitution is approved by the people, justified. On the contrary, then the low level of acceptability, has been challenged the legitimacy of the Constitution. In this respect both a positive and negative examples. "In the great extent does the U.S. Constitution and constitutional practice, the implementation of the Locke's plan, which is a surprising discovery. The Constitution of the operation has continued for two centuries, in different political views of Americans, few people are willing to change The basic structure of the Constitution. According to 'acceptability' of the first sense, Locke's theory has clearly passed the test. "In contrast, France from 1791 to 1958, less than two hundred years, the Constitution has been amended 12 times, after the constitution of new China, large and small have been modified by 9 times! that frequently change and change the constitution, just reflect the low level of acceptability of the Constitution, or the legitimacy of the Constitution is not high enough degree of .

On the value of the level, constitutional or political acceptability means that the system must meet the people's moral beliefs and personal life, except for purposes other than the common purpose of society, which includes the legitimate interests of society as a whole and the natural environment, etc., covering the social and other legitimate obligations. of these legitimate interests and the legitimate obligations of respect and acceptance is a necessary requirement to determine the legitimacy of the Constitution, even with the development of society, these external moral standard than private citizens more important purpose in life, it means respecting and protecting the natural rights of others is to respect and protect their rights the premise, but also by the Constitution to the people morally acceptable basis. respect for other people to respect yourself, protect nature, ie, to protect themselves, if the constitution can properly reflect the such values, and can be implemented effectively, its degree of acceptance by people much more natural, the legitimacy of the Constitution embodies the exhaustive nature. shows that the moral acceptability acceptable than the empirical the requirement is much higher. It requires not only the lives of everyone should be aimed at the social purpose and consistent with the public, should also respect the rights and interests of others, in particular, to shoulder the social responsibility and obligation to the public. The Constitution is not only reflect this respect and responsibility, but also well coordinated individual and society, the contradiction between the individual and the nature - the constitution that respects the individual's moral requirements, but also the whole society to take care of the harmonious development with nature, its legitimacy to be logically proved.

Of course, the legitimacy argument should be the value of the balance between level and practical level, rely on each other, confirm each other, one-sided emphasis on any one aspect is not complete. Purpose Although the emphasis on values and moral argument level, but also must rely on the practice aspects of implementation to support, otherwise there is no foundation and convincing, although the focus on the acceptability of argumentation norms and practice level, but also inseparable from the values and ethical guidance and demonstration, or to the lack of a sense of direction and affinity. "a country Government or the legal system to get the 'legitimacy' of identity, no more than two paths, one moral argument, first, the actual recognition by the people. I believe that it is essential that we have to see each other by the two road complementary relationship (both sides of debate only in the emphasis on what the main unifying who to who differ on this point). an order from the sources said even if justified, but if the 'do' is not good, such as the lack of basic social justice and thus unstable, people sulked, it will undermine its legitimacy, on the contrary, an order designed for people even if the high moral ideals and goals, but if the people without permission in a way to establish and implement, its legitimacy will also be greatly reduced. "to the Constitution, the only requirement they meet people's moral ideals and objectives of public value, requires its ability to deeply rooted in people's real lives, make people believe that they comply with and implementation of the Constitution is their want, just the Constitution, and such a constitution can certainly contribute to the achievement of the objectives of a better life. So, the Constitution is ultimately prove the legitimacy of people's social and material life issues, all values and moral logic of argumentation are unifying the people's material life, especially in the political life of the people - when the constitutional values and constitutional order was to promote and protect the people's economic development and social civilization, the legitimacy of the Constitution is not self-evident that the. reposted elsewhere Free Download Center http://www.hi138.com Papers