As far as the causes of the turbulence and crisis in the current changing societies, they show in different ways in different countries due to different starting points, driven force, and relevant external conditions. In this regard, just as Professor Li Long says, "the constitutional crisis is the outcome of internal conflicts of constitutional system. The contradictions and conflicts between the civil rights and the state power, as well as the state authorities, will pose a grave threat to the current constitutional system, or even turn into a constitutional crisis, if they are not settled timely and effectively. [47] The negative function of the constitutional government is related to its own characteristics and also has something to do with the lack of ecological conditions for constitutional order. The former is inherent, but the latter can be improved and eliminated through certain approaches. Generally speaking, the constitutional system is closely related to the changing political and economical systems. In certain circumstances, the misplacement of the goals and measures of constitution system would result in the negative effect. For example, in countries with long history of feudal despotism or with intensive political battles, their governors always purely consider the constitutional system as the tools of class struggle or political governance, or position it as the only demand for classes ruling. If it is the case, it will surely result in the ignorance to the democracy value and lack of human rights care, and during their constitutional practices, even result in the tendencies of "anti-democracy" or "anti-humanitarianism"...and other negative effect. In addition, if the constitutional goals and values fail to accord with the state conditions, civil conditions and historical conditions, it will also cause various adverse effects, such as resulting in the tendency of constitutional government becoming "disorder" or "out of order". Therefore, in terms of the negative effects of constitutional order, we should make concrete analysis according to concrete situations. Only by finding out the deep-rooted causes, can we work out the effective and practical countermeasures. If it is the problems of systematic concepts or practical skills, we are able to finally solve them by improving and perfecting constitutional system step by step.
【作者简介】
张义清，男，1974年10月出生，湖南龙山县人，法学博士，湘潭大学法学院副教授、硕士生导师，湖南省法学基地研究人员，湖南省青年骨干教师，湖南省青联委员，中国宪法学研究会理事，中国社科院法学所博士后。
【注释】 Chen Yao, Democratic Transition of New Authoritarianism Regime, Shanghai People’s Publishing House, July 2006, 1st Edition, pp.29-30.
Refer to the author’s dissertation named Constitutional Order in Changing Societies (Constitutionalism and Rule of Law specialty, Central China Normal University, adviser Tang Ming, passed oral defence June 15, 2009, to be published by the People’s Publishing House in 2010).
Samuel P. Huntington, The Third Wave: Democratization in the Late Twentieth Century, translated by Liu Junning, Shenghuo-Dushu-Xinzhi Joint Publishing, 1998, p.15.
Yu Chongsheng, Political Civilization: University and Particularity, Journal of Wuhan University (Social Science Edition), 2003 (5).
Xie Lai, New and Old Kings Lead Bhutan to Democracy, Southern People Weekly, 2008 (11).
. Wen Ya, Nepal’s Road to Republicanism, Encyclopedic Knowledge, 2008 (8).
. Francis Fukuyama, The End of History and the Last Man, translated by Huang Shengqiang et al., China Social Sciences Press, 2003, preface, pp.1-3.
. Yang Changyu, Legality and Crisis of Contemporary Russian Presidential Government of Power, Seeking Truth, 2007 (6).
. Teng Biao, Human Rights: from Idea to System, Time Education (history of pioneering countries), 2008 (3).
Tao Wenzhao, The Symposium on U.S. Year 2000 Presidential Election and American Politics and Society” Held in Beijing, 2000 (4). Wang Jue, American Presidential Election 2000, The Knowledge of English, 2000 (9). Ding Sheng, Donkey Elephant War of the Century——Prelimiary Analyais of American Presidential Election 2000, World Knowledge, 2000 (6).
Thomas·L·Friedman, Foreign Affairs: Medal of Honour, New York Times, Dec. 15, 2000.
Wang Zhi, American Constitution and Its Functions, China Society Periodical, 2007 (6).
Samuel P. Huntington, The Lonely Superpower, Foreign Affairs, March/April 1999.
Zheng Yi: Reflection on International Protection of Human Rights from Iraq War, Law and Social Development, 2006 (10).
Shi Ping, The Future of Iraq, Global People, “Foreign Press Briefing” Column, 2008 (15).
Xie Lai, New and Old Kings Lead Bhutan to Democracy, Southern People Weekly, 2008 (11).
Wen Ya, Nepal’s Road to Republicanism, Encyclopedic Knowledge, 2008 (8).
Scene: Anti-government Demonstrators assembled outside the ASEAN Summit Venue in Thailand, reported in www. Xinhuanet.com on April 11. Red Shirt besieged city, Thailand’s Prime Minister Abhisit Vejjajiva declared a state of emergency Apr. 11, 2009 15:06:28Source:
www.chinanews.com> (Beijing).
As experts commented, “It’s been exactly decade since Asian financial crisis. Many institutions believe that Thailand has recovered from economic crisis, however, the shadow of economic crisis is still widespread.” Chen Hongsheng, Thailand: Review 2007 and Vision 2008, Around Southeast Asia, 2008 (5).
Special as the Thailand’s politics, the political role of army is not only military instrument and political instrument, but also special social organization and interest group since constitutional monarchy as a result of a coup staged by army in 1932. The political situation in Thailand has much to do with Thai Army. Thai Army that is always independent from the regime of state controls and manipulated the political situation. In fact, large room is reserved for army in its new Constitution 2007.
For instant, the Constitution of Thailand 2007 expressly provides that, over 20,000 Thai’s signatures can initiate a process of impeachment against prime minister and over 100,000 Thai’s signatures can initiate a constitutional amendment. In addition, the new Constitution of Thailand provides that the minimum number of Thai to initiate a motion drops to 10,000 people in order to strengthen the public’s control and restraint on the act of government.
Ren Yixiong, Election and Democratization Process in Thailand, Journal of PLA University of Foreign Languages, 2002 (1).
The Article 5 of the Constitution of the Fifth Republic of France provides that, “the president of the republic shall abide by the constitution. The president shall ensure the normal operation of public authorities and continuity of state according to the arbitration of the president. The president shall act as the guarantor of state independence, territorial integrity and treaty compliance.” The Article 64 of the Constitution also provides that, “the president of the republic shall act as the guarantor of the independence of judical authority”.
Guo Longlong, The Crisis of European Democracy, World Outlook, 2002 (10).
Guo Longlong, The Crisis of European Democracy, World Outlook, 2002 (10).
Chen Xin, The Constitution and the Politics: the case of the impeachment of president of Korea, Journal of Hubei University of Police, 2006 (2).
Among them, including President Roh Moo Hyun exercised veto power against the special prosecution law after opposition parties put forward a motion to get involved in case investigation and requested the reconsideration of parliament… Later, South Korea’s parliament passed the special prosecution law submitted by three opposition parties including the Grand National Party again with absolute majority of 2/3 votes… On March 8, 2004, South Korea’s procuratorial organ released the outcome of mid-term illegal political funds investigation, indicating that Roh Moo Hyun is suspected of accepting bribes amounting to 11.3 billion won, exceeding 10 % of bribes accepted by the Grand National Party amounting to 82.3 billion won…Subsequently South Korea’s parliament passed the impeachment motion bill against President Roh Moo Hyun and after the suspense of presidential power, as stipulated in the Constitution of South Korea, impeachment motion bill passed by the parliament shall come into effect only upon the judgement of the South Korea’s Constitutional Court. The time limit of judgement shall be 180 days…Roh Moo Hyun didn’t recover presidential power until South Korea’s Constitutional Court made a judgement. It can be see that the whole process of the case is very tortuous (Chen Xin, The Constitution and the Politics: the case of the impeachment of president of Korea, Journal of Hubei University of Police, 2006 (2).)
OranR.Young, The Politics of Force: Bargaining during Superpower Crisis，Princeton: University Press: 1968, p.15.
Samuel P. Huntington, Political Order in Changing Societies, translated by Li Shengping et al., Huaxia Press, 1988, p.11.
Samuel P. Huntington, Political Order in Changing Societies, translated by Li Shengping et al., Huaxia Press, 1988, p.41.
Samuel P. Huntington, Political Order in Changing Societies, translated by Li Shengping et al., Huaxia Press, 1988, p.41.
Samuel P. Huntington, Political Order in Changing Societies, translated by Li Shengping et al., Huaxia Press, 1988, p.259.
Samuel P. Huntington, Political Order in Changing Societies, translated by Li Shengping et al., Huaxia Press, 1988, p.7.
Francis Fukuyama, The End of History and the Last Man, translated by Huang Shengqiang et al., China Social Sciences Press, 2003, preface, p.3.
Francis Fukuyama, The End of History and the Last Man, translated by Huang Shengqiang et al., China Social Sciences Press, 2003, preface, p.3.
Jacques Derrida, Specters of Marx, translated by He Yi, China Renmin University Press, 1999, pp.120-121.
For example, he believed that the views such as the exertion of external force shall focus on the institutional need stimulation of recipient country and self institutional supply capacity of recipient country, can be used for reference (Francis Fukuyama, State-Building: Governance and World Order in the 21st Century, China Social Sciences Press, 2007, pp.115-116).
As seen by scholars, “new authoritarianism refers to the ideology or regime that a few oligarchic groups centralizing political power strictly control interests expression and political participation such as the activities organized by political parties and interests groups, and the social movements by means of representative system or other state instruments, taking modernization and economic growth as its main objectives”. (Chen Yao, Democratic Transition of New Authoritarianism Regime, Shanghai People’s Publishing House, July 2006, 1st Edition, pp.29-30).
As pointed by scholars with respect to the achievements of new authoritarian countries like Latin America in terms of national economy in 1997s, “over the past two or three decades, developing countries experienced epoch-making political and economic transition to different extent. The movement from authoritarianism to democratic governance was so extensive that it can tackle the background of serious economic crisis and market-oriented reform” ( Stephan Haggard, Robert R.Kaufman, The Political Economy of Democratic Transitions, translated by Zhang Dajun, Social Sciences Academic Press, 2008, Introduction, p.1).
Putin, Russia at the Turn of the Millennium, The Selected Works of Putin, China Social Sciences Press, 2002, p.69.
Lu Deshan, Research on Central State Power Structure, The Collected Works of Constitution Studies, Wuhan University Press, 1996, p.151.
Zhang Caifeng, The Rule of Law: Diversified Views about the Rule of Law in Contemporary Britain, Journal of Chinese People''''s Public Security University, 2003 (2).
With regard to the attitude toward the politics of countries in the world and international political affairs, today’s hegemonic countries, generally considering their own strategic interests, blindly use their own political ideology, system and thinking to replace heterogeneous political culture and regime. Those countries didn’t show the least respect or recognition to the heterogeneous political culture and regime and try to solve all problems through war. Obviously, it is due to lack of political humility. (Chen Yunsheng, Judicial Humility and Its Practice in the Judicial Review in US, Journal of Shanghai Jiaotong University (Philosophy &Social Science Edition), 2005 (5) ).
Zhang Yiqing, On the Values of Constitutionalism, Law and Social Development, 2006 (3).
Zhang Yiqing, On the Values of Constitutionalism, Law and Social Development, 2006 (3).
Xu Xiuyi, Han Dayuan, Fundamental of Modern Constitution, Chinese People''''s Public Security University Press, 2001, p218.
Li Bochao, A Study on Crisis of Constitutionalism, Law Press, December 2006, 1st Edition, preface.
