民主共和国的公民教育——以宪政理论为视角审视民粹主义

Zin-Wan Park
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引用次数: 0

摘要

在几项重要的宪法原则中,民粹宪政强调人民主权原则或人民主权原则。人民主权原则既是民主主义的重要意识形态,也是民粹主义的重要意识形态。与代议制民主相协调的人民主权原则接受法治原则作为其基本组成部分,而民粹主义所追求的绝对人民主权原则似乎与法治原则不相容。这就是民粹主义和自由宪政主义之间不相容的开始。虽然民粹主义对自由宪政的批判为自由民主的结构性问题提供了一个非常重要的洞见,但民粹宪政最终导致专制或独裁统治体系的完成,以维持其永久的政治统治地位。它试图通过修宪或制定宪法来证明民主主义的正当性,这是对民主主义的严重威胁。作为民粹主义的法律-实践方法,工具主义方法认为民粹主义所追求的法律价值取决于它们作为环境统治工具的有效程度,这种工具可以很好地解释和预测当前的社会现象。这种工具主义的方法可以被视为包含机会主义和煽动性质的因素。矛盾的是,使用民粹主义者的工具主义方法来推翻自由民主宪政制度并实现他们的政治计划,最常用的工具也是宪法。民粹主义者批评自由主义对宪政和法治的理解。他们的批判是以自由宪政为基础的政治现象的宪政控制机制。他们批判的是通过法治来控制政治,即通过法律对政治领域设限,即通过法律来追求去政治化。民粹主义者更倾向于用理论的方法来批判自由宪政及其所形成的论点,并通过各种媒介和各种媒介来分享和传播他们对自由宪政的看法。尽管这些民粹主义者对自由宪政和法治进行了批判,但民粹主义的宪政评价的出发点必须从他们所批判的自由宪政的视角出发,从民主和法治的角度进行评价。民主宪政国家试图在法治的宪政体系框架内寻找形成的宪法理论,以此作为解决民粹主义等国内外政治现象相关问题的线索。法治原则是一个动态的、可以持续发展的宪法概念,它以正义、法律稳定和比例性为思想组成部分。因此,与法治原则的不断发展和形成可能性的保证有关,宪法秩序在现代法治的概念框架中以民粹主义的形式新形成并动态发展,这已经通过法律实践和法学理论得到了证实。对于现存的政治现实,可以建立和建议什么样的法律控制标准?否则,一个民主宪政国家必须能够发展和发展一种新的宪法解释,寻求一个适当和平衡的点,可以在一定程度上在宪法秩序的范围内容纳以民粹主义为基础的宪法发展性宪法政策。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Civic Education in a Democratic Republic- Focusing on the review of populism from the perspective of constitutional theory
Among several important constitutional principles, populist constitutionalism emphasizes the principle of popular sovereignty or popular sovereignty. The principle of popular sovereignty is not only an important ideology of democracy, but also an important ideology of populism. The principle of popular sovereignty in harmony with representative democracy accepts the principle of rule of law as an essential component, whereas the principle of absolute popular sovereignty pursued by populism seems to be incompatible with the principle of rule of law. This is where the incompatibility between populism and liberal constitutionalism begins. Although populism's critique of liberal constitutionalism provides a very important insight into structural problems in liberal democracy, populist constitutionalism ultimately leads to the completion of an authoritarian or dictatorial ruling system to maintain their permanent maintenance of political dominance. It poses a serious threat to democracy in that it seeks to justify it through constitutional amendment or constitutional enactment. As the legal-practical approach of populism, the instrumentalist approach holds that the legal values pursued by populism are determined according to how effectively they are useful as a tool for environmental domination that well explains and predicts current social phenomena. This instrumentalist approach can be seen to contain elements of an opportunistic and seditious nature within it. Paradoxically, using the instrumentalist approach of the populists to overthrow the liberal-democratic constitutional system and to realize their political programs, the most used tool is also the constitution. Populists criticize the liberal understanding of constitutionalism and the rule of law. Their critique is the constitutional control mechanism for political phenomena based on liberal constitutionalism. What they criticize is the control of politics through the rule of law, that is, the establishment of limits for political domains through the law, that is, the pursuit of depoliticization through the law. Populists prefer the theoretical approach for critique of liberal constitutionalism and the arguments formed through it, and they share and spread their opinions on it through various media as well as various media. Despite these populists' criticisms of liberal constitutionalism and the rule of law, the starting point of the constitutional evaluation of populism must be evaluated from the perspective of democracy and the rule of law from the point of view of the liberal constitutionalism they criticize. A democratic constitutional state attempts to find a constitutional theory formed within the framework of a constitutional system in the rule of law, as a clue to solving problems related to various domestic and international political phenomena such as populism. The principle of the rule of law, which has justice, legal stability, and proportionality as its ideological components, is a dynamic constitutional concept that can be continuously developed. Therefore, in relation to the continuous development of the principle of the rule of law and the guarantee of the possibility of formation, the constitutional order is newly formed and developed dynamically in the form of populism in the conceptual framework of the modern rule of law, which has been confirmed through the practice of law and the theory of law. What legal control standards can be established and suggested over the political realities that exist? Otherwise, a democratic constitutional state must be able to develop and develop a new constitutional interpretation that seeks an appropriate and balanced point that can accommodate constitutional-developmental constitutional policies based on populism to some extent within the scope of the constitutional order.
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