西方代議制憲法的整體人民觀批判

Critique on the Holistic View of the People in the Western Constitutions: With a Preventive Purpose Against Populism

整體人民觀是民粹主義的核心思想。整體人民觀在西方代議制憲法中反映頗多，如憲法規定當選議員不得代表所屬選民，而應代表整體人民，便是一個典型例證。近年來，隨著歐美國家社會的去社群化和去縱向分層化，整體人民觀的影響力上升，從而爲民粹主義的發展提供了契機。西方代議制憲法中的整體人民觀思想與人類認識活動中的整體論傾向有關。雖然整體人民觀思想顛倒了憲法實踐中理論與實踐的關係，幷帶來了“多數無法等同于全體”的難題，但是歷史上出于民主革命的需要，此種思想被普遍鑲嵌入了西方代議制憲法當中。爲了應對民粹主義的發展，在憲法實施過程中，西方社會應當揚弃以往的理想公民觀，限制公民直接决策，幷建立理性的主流社會文化。

The holistic view of the people is the core idea of populism. This view is reflected a lot in Western representative constitutions, such as the constitutional provisions stipulating that elected members should not represent their own constituents, but the people as a homogeneous unity. In recent years, with the de-communization and vertical stratification of European and American societies, the holistic view of the people has been gaining its influence, thus providing an opportunity for the rise of populism. This holistic view of the people in Western representative constitutions is related to the holistic tendency in human cognition. This view reverses the relationship between theory and practices in constitutional realities and can’t answer the question why “the majority equates with the whole”. Historically, however, due to the needs of democratic revolution, this idea has been universally embedded into the Western representative constitution. To cope with the rise of populism, in the implementation of constitutions, the ideal view of citizen’s qualities should be abandoned by the western society, the direct decision-making of citizens should be restricted, and a rational mainstream social culture should be established.