Constitutional Construction Towards Good Governance: Based on the Analysis of Constitutional State Power Operation (Legal Library of the 21st Century)

Author: Wang Sanxiu
Publisher:
Publish Date: 2006-07-01
Features: The pursuit of good governance is an inherent requirement and significant marker of human civilization's growth. Although many thinkers since ancient Greece have dedicated themselves to this goal, its fundamental realization can only be guaranteed through a constitution and constitutionalism that encompass institutional arrangements involving state power and social power, and are deeply imbued with values such as popular sovereignty, fundamental human rights, the rule of law, and justice. 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 handful of 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 for good governance and constitutional concepts, and proposing 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 dynamics among state powers, the methods and efficacy 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's progress toward good governance. However, democratic constitutionalism alone cannot permanently resolve the issue of good governance; rather, it requires continuous innovation in constitutional theory and institutions to meet the objective demands of good governance, thereby promoting the state's ongoing journey toward genuine and higher levels of good governance.
Based on the above analysis, this book integrates multiple analytical methods—such as legal theory, empirical research, normative analysis, value assessment, and comparative studies—to objectively evaluate and widely absorb new theoretical achievements in good governance and constitutionalism research, as well as Western constitutional and good governance practices. Additionally, it incorporates concepts like scientific development and the party's rule of law governance into constitutional studies, conducting an in-depth and systematic innovative research on the theoretical and institutional aspects of constitutional power operation and construction from the perspective of good governance.