Constitutional Construction Towards Good Governance (Based on the Analysis of Constitutional State Power Operation)

Author: Wang Sanxiu
Author
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. From the relevant research outcomes both in China and abroad, discussions on governance and good governance have primarily focused on political science and public administration. Within the perspective of constitutional law, only a few foreign scholars have touched upon these issues. This book integrates multiple analytical methods, including legal theory, empirical research, normative analysis, value assessment, and comparative studies, to objectively evaluate and extensively absorb new achievements in the theoretical research of good governance and constitutionalism, as well as the practical experiences of Western constitutionalism and good governance. At the same time, it incorporates concepts such as scientific development and the party's governance according to law into constitutional law research, conducting an in-depth and systematic innovative study of constitutional power operation and construction from the perspective of good governance, with the state power as the foundation.
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 strived to achieve this goal, only through a constitution and constitutionalism that encompass institutional arrangements for both 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. However, from the relevant research outcomes both in China and abroad, discussions on governance and good governance have primarily focused on political science and public administration, while within the perspective of constitutional law, only a few foreign scholars have touched upon these issues.
In the introduction, this book first clarifies the basis for discussing 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 constitutionalism, it proposes the unique theoretical and practical value of studying constitutionalism and constitutional law from the perspective of good governance for the discipline itself, as well as for jurisprudence, political science, and public administration. Based on an overview of existing standards of good governance and constitutional concepts and the proposal of its own new ideas, the book systematically elaborates on the intrinsic relationship between constitutional power construction and the realization of good governance from six aspects: the relationship between popular power and state power operation, the operational relationship among state powers, the mode 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 basic approach is that the transition from non-constitutional to constitutional power construction is the fundamental guarantee for a nation 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 nation's ongoing progress toward true and higher levels of good governance.
Building on the above analysis, this book integrates multiple analytical methods, including legal theory, empirical research, normative analysis, value assessment, and comparative studies, to objectively evaluate and extensively absorb new achievements in the theoretical research of good governance and constitutionalism, as well as the practical experiences of Western constitutionalism and good governance. At the same time, it incorporates concepts such as scientific development and the party's governance according to law into constitutional law research, conducting an extremely in-depth and systematic innovative study of constitutional power operation and construction from the perspective of good governance.