Theory of Constitutional Legal Order

Author: Xiao Beigeng
Publisher:
Publish Date: 2002-07-01
Features: In recent years, with the deepening and flourishing of constitutional theory research, the theory of constitutional implementation has attracted widespread attention in academia. Comrade Xiao Beigeng keenly grasped this cutting-edge trend, writing his doctoral dissertation titled The Theory of Constitutional Legal Order, and based on the feedback from his dissertation defense, incorporated valuable and reasonable suggestions from experts and scholars. After reviewing a vast amount of materials and conducting repeated deliberation, careful thinking, and exploration, he completed this book. His pioneering spirit and exploratory approach are truly commendable. The constitutional legal order is the inevitable logic of the evolution of political order and an important sign of political civilization in modern society. Therefore, it is a task that constitutional theory must address. In the past, due to legal scholars' focus on order as a legal value goal, they primarily studied legal order from a value perspective. Moreover, in researching legal issues, they tended to emphasize the content of law, focusing on abstract legal concepts and what law is in an abstract sense, rather than on legal functions and implementation. Additionally, many Western legal schools equated law with legal order. This has often confined the theoretical study of legal order to the realm of ought-to-be (normative domain), leaving the study of actual legal order nearly a blank in the social sciences, and constitutional legal order remains an untouched theoretical blind spot.
In terms of content, the book The Theory of Constitutional Legal Order cannot be said to have, to a certain extent, filled the gaps in constitutional theory. In terms of research methodology, the book abandons the traditional approach to studying order, which involves first classifying order and then discussing it separately, opting instead for a combination of theoretical and empirical analysis. It begins with the general theoretical analysis of constitutional legal order, the logical starting point of constitutional legal order, revealing its constituent elements: constitutional subjects, constitutional acts, and constitutional adjustment mechanisms. It also emphasizes the relationship between these three elements and the realization of constitutional legal order. The book provides a meticulous analysis of the role of constitutional subjects in constitutional regulation and operation; it delves into the driving forces behind constitutional act selection, the various factors determining the nature and direction of constitutional act selection, the evaluation of constitutional acts, and the control of constitutional transgressions in shaping the constitutional legal order; and it offers a comprehensive and systematic examination of the constitutional adjustment mechanisms that contribute to the formation of constitutional legal order.
At the same time, guided by the constituent elements of constitutional legal order, the above content forms a tightly structured and logically rigorous theoretical system. The study of theory is not only about analyzing abstract theories but also about providing guidance for corresponding practice through general analysis. From the perspective of combining theory with practice, the author explores the realistic conditions and pathways for China to move toward a democratic and stable constitutional legal order, making this book not only theoretically valuable but also practically significant.
No work is without flaws, and this book is no exception. For instance, its discussion of the role of constitutional adjustment mechanisms in coordinating with other social adjustment mechanisms in achieving constitutional legal order is not entirely comprehensive. However, such shortcomings are relatively minor throughout the book, akin to minor blemishes on a flawless pearl.
At the same time, Beigeng has always been diligent and insatiable in his pursuit of knowledge. I believe that in his future academic career, he will become even more rigorous and diligent, delving deeper and more comprehensively into various theoretical issues. I also wish him success in contributing outstandingly to the prosperity and development of legal science in our country in the future.
Li Long
April 10, 2002