英文摘要 |
The purpose of the article is to explore and analyze Bentham’s democratic constitutionalism, and to observe the way in which political corruption is overcome by people’s sovereignty. Bentham regards the jury system as“a school of justice,”for it helps to cultivate citizens’habit and skill of political participation, so that publicity is established and the rulers are regulated. In order to overcome political evil, Bentham proposes the principle of“aptitude maximized, expence minimized,”which suggests that the expenses of the rulers should be minimized, and they should cultivate their own aptitude as well as that of the citizens. This is beneficial for expanding the authority of the public opinion tribunal, and imposing moral responsibility on the government. On this account, to achieve the greatest happiness of the greatest number in the political sphere means the identification of rulers’interests with those of the people. The basic structure of Bentham’s democratic constitutionalism lies in the strength of civil society and the weakness of government, and its core is to counterbalance the legal power of the government with the moral power of the civil society. |