Constitutional Construction Towards Good Governance - Based on the Analysis of Constitutional State Power Operation - 21st Century Legal Studies Library

Author: Wang Sanxiu
Publisher:
Publish Date: 2006-07-01
Features: The pursuit of good governance is an inherent requirement and important indicator of the growth of human civilization. Although many thinkers since ancient Greece have dedicated themselves to this goal, only through a constitution and constitutionalism that encompass institutional arrangements of state power and social power, and embody profound values such as popular sovereignty, fundamental human rights, the rule of law, and justice, can the realization of this goal be fundamentally guaranteed. From the perspective of research outcomes both domestically and internationally, discussions on governance and good governance have primarily focused on political science and public administration. Within the field of constitutional law, only a few foreign scholars have touched upon these issues.
In the introduction, this book first clarifies the basis for exploring governance and good governance, proposing the minimum standards that good governance should meet. After a brief examination and analysis of the relationship between good governance and constitution and constitutionalism, it argues that studying constitution and constitutionalism from the perspective of good governance holds unique theoretical and practical value for the discipline itself, as well as for jurisprudence, political science, and management.
Building on a systematic review of existing standards of good governance and constitutional concepts, and introducing new ideas of its own, the book systematically elaborates on the intrinsic relationship between constitutional power structures and the realization of good governance from six aspects: the relationship between popular power and state power, the operational relationship among state powers, the methods and effectiveness of state power operation, the relationship between state power and other powers, and the constitutional correction of deviations in state power operation. The fundamental approach is that the transition from non-constitutional to constitutional power structures is the essential guarantee for humanity to achieve good governance. However, democratic constitutionalism cannot once and for all solve the issue of good governance; rather, it requires continuous innovation in constitutional theory and institutions based on the objective demands of good governance, thereby promoting the state's ongoing progress toward true and higher levels of good governance.
On the basis of the above analysis, this book integrates multiple analytical methods, including legal, empirical, normative, value-based, and comparative approaches, to objectively evaluate and widely absorb new theoretical achievements in governance and constitutionalism research by scholars both domestically and internationally, as well as the practical experiences of Western constitutionalism and good governance. Additionally, it incorporates concepts such as scientific development and the party's rule of law into constitutional law research, conducting an extremely in-depth and systematic innovative study on the theoretical and institutional aspects of constitutional power operation and construction from the perspective of good governance.