英文摘要 |
The traditional constitution emerged from the historical situation of the dichotomy between the state and civil society. The functions and institutional arrangements of the constitution are developed around the premise of this dichotomy. The principle of separation of powers and the protection of basic rights are both aimed at guarding against state power and safeguarding civil society. However, in order to adapt to the increasing complexity of society, changes in the constitutional perspective that go beyond the text of the constitution have occurred in reality, such as the internal distinction between politics and administration that has emerged in the political system. The changed social reality calls for embracing a complex theory of the comprehensive society which transcend the existing simplified version of constitutional theory based on the dichotomy between state and society. Constitutional theory needs to echo the functional differentiation of comprehensive society and restate the structural conditions for compatibility of comprehensive society. Reflection should replace representative system as the core category of constitutional theory and restate the principles of “state founded on the rule of law” on this basis. |