浅论西方宪政的德性及其基督教的渊源

完政具有它的道德之维,建立在一定的道德基础之上,对人性的不完善性假定是宪政的伦理预设.同时,宪政本身必须具备一定的道德内涵,即宪政有"宪德",主要包括关于宪法与公民、政府与人权之间关系的道德规范原则.这些原则属于判断宪政自身合法性的依据,在西方历史上与基督教有着不可分割的联系.基督教给西方宪政提供了许多基础性的思想资源.

Simply Talks about the Morality of Constitutionalism and the Resource of Christianity

Constitutionalism is just the thought and political systems that regard the constitution as the highest law and highest standard of governing the state, which has its moral dimension, and is based on moral ideas. The assumption of non-perfection of humanity is constitutionalism's ethical precondition. At the same time, constitutionalism itself must possess its moral contents. Namely, constitutionalism has the Constitutionalism-morality, mainly including themoral contents about the relationshi ps of a constitution and citizens, a goverment and the hunam rights. These principles also belong to the bases ofjudging the legality of constitutionalism itself, which have indivisible associations with Christianity. Christianity gave the western constitutionalism many basic resources of thoughts.