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

Author: Wang Sanxiu
Publisher:
Publish Date: 2006-07-01
Features: The pursuit of good governance is an inherent requirement and significant indicator of the growth of human civilization. From relevant research findings both in China and abroad, discussions on governance and good governance primarily focus 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 various analytical methods such as legal theory, empirical research, normative analysis, value assessment, and comparative studies to objectively evaluate and widely 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 rule of law governance 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 exercise of state power as the foundation.
The pursuit of good governance is an inherent requirement and significant indicator of the growth of human civilization. Although many thinkers since ancient Greece have dedicated themselves to this goal, its fundamental realization can only be guaranteed through a constitutional and constitutionalism framework that includes an institutional arrangement of both state power and social power, embodying profound values such as popular sovereignty, fundamental human rights, the rule of law, and justice. However, from relevant research findings both in China and abroad, discussions on governance and good governance primarily focus 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 for good governance and constitutional concepts and the proposal of 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, 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 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 provide a one-time solution to the realization of good governance; instead, it requires continuous innovation in constitutional theory and institutions to promote the nation's ongoing progress toward true and higher levels of good governance.
Building on the above analysis, this book integrates various analytical methods such as legal theory, empirical research, normative analysis, value assessment, and comparative studies to objectively evaluate and widely 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 rule of law governance into constitutional law research, conducting an extremely in-depth and systematic innovative study of the theory and institutions of constitutional power operation and construction from the perspective of good governance.