Comparative Analysis of Political Value

Tong, Dezhi

doi:10.1007/978-981-13-1574-9_4

Dezhi Tong²

341 Accesses

Abstract

From the point of view of value, freedom, equality, justice and justice constitute the basic connotation of political value. However, we do not deny that in political life there are preferences for the political system, such as democracy, the rule of law and other institutional concepts, and we still classify them into political values. From this angle, we divide the political value into two parts, the value concept and the system idea.

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Notes

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This article uses Huntington's description of democratization. According to Huntington's review of the democratization process, the sequence of the development of democracy is as follows:
First long wave of democratization: 1828–1926;
First resurgence: 1922–1942;
Second shortwave democratization: 1943–1962;
Second resurgence: 1958–1975;
Third wave of democratization: 1974-today.
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Herder enumerated various kinds of democracy in Models of Democracy. Every model mentioning democracy is in the name: such as classical democracy, liberal democracy, direct democracy, protective democracy, legal democracy, competitive elite democracy, pluralistic democracy, and so on and so forth. It conveys a fundamental fact that democracy has no unified pattern no matter from the perspective of history or from the perspective of national conditions.
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177.
[Ancient Rome] Cicero: On the Laws, quoted from Selected Materials on History of Western Legal Thoughts, edited by the Selecting and Editing Group of Materials on History of Western Legal Thoughts, Peking University Press, Edition of 1983, p. 79.
178.
Gao Heng: Notes and Translation of The Book of Lord Shang: Shangxing, Zhonghua Book Company, Edition of 1974, p. 130.
179.
Gao Heng: Notes and Translation of The Book of Lord Shang: Shangxing, Zhonghua Book Company, Edition of 1974, p. 130.
180.
Twenty-two Zi: Hanfeizi, Shanghai Classics Publishing House, Edition of 1986, p. 1122.
181.
Gao Heng: Notes and Translation of The Book of Lord Shang: Xiuquan, Zhonghua Book Company, Edition of 1974, p. 110.
182.
Gao Heng: Notes and Translation of The Book of Lord Shang:Shangxing, Zhonghua Book Company, Edition of 1974, p. 130.
183.
Twenty-two Zi: Hanfeizi, Shanghai Classics Publishing House, Edition of 1986, p. 1164.
184.
Twenty-two Zi: Hanfeizi, Shanghai Classics Publishing House, Edition of 1986, p. 1188.
185.
Twenty-two Zi: Hanfeizi, Shanghai Classics Publishing House, Edition of 1986, p. 1122.
186.
[Ancient Greece] Aristotle: Politics, translated by Wu Shoupeng, The Commercial Press, Edition of 1965, p. 444.
187.
Gao Heng: Notes and Translation of The Book of Lord Shang: Quqiang, Zhonghua Book Company, Edition of 1974, p. 49.
188.
Twenty-two Zi: Hanfeizi, Shanghai Classics Publishing House, Edition of 1986, p. 1184.
189.
Twenty-two Zi: Hanfeizi, Shanghai Classics Publishing House, Edition of 1986, p. 1132.
190.
Gao Heng: Notes and Translation of The Book of Lord Shang: Ruoming, Zhonghua Book Company, Edition of 1974, p. 155.
191.
Gao Heng: Notes and Translation of The Book of Lord Shang: Shuoming, Zhonghua Book Company, Edition of 1974, p. 53.
192.
Gao Heng: Notes and Translation of The Book of Lord Shang: Ruoming, Zhonghua Book Company, Edition of 1974, p. 160.
193.
Gao Heng: Notes and Translation of The Book of Lord Shang: Shuoming, Zhonghua Book Company, Edition of 1974, p. 53.
194.
Xiao Gongquan: A History of Chinese Political Thought, Hebei Education Publishing House, Edition of 1999, p. 31.
195.
Liang Qichao: The Theory of the Famous Politician Bluntchli, Yinbingshi Collection: Volume XIII, Zhonghua Book Company, Edition of 1989, p. 69.
196.
Liang Qichao: The Theory of New People, Yinbingshi Collection: Volume IV Zhonghua Book Company, Edition of 1989, p. 44.
197.
Zhang Hao: Liang Qichao and Intellectual Transition in China, Jiangsu People’s Publishing House, Edition of 1995, p. 143.
198.
Edited by Wang Shi: Selected Works of Yan Fu Volume I, Zhonghua Book Company, Edition of 1986, p. 3, 118.
199.
Edited by Wang Shi: Selected Works of Yan Fu Volume I, Zhonghua Book Company, Edition of 1986, p. 23.
200.
Edited by Wang Shi: Selected Works of Yan Fu Volume I, Zhonghua Book Company, Edition of 1986, p. 985.
201.
Jiang Tingfu: Discussion on Despotism and Answer Mr Hu Shi, Selected Works of Jiang Tingfu, Taipei Biography Literature Press, Edition of 1979, p. 454.
202.
Shao Jian: Shi Chu Liu Wen Dian, Published in Study, No.8 in 2002, p. 36.
203.
Wang Renbo: Chinese Context of Constitutionalism, Published in Study of Law, No.2 in 2002, p. 144.
204.
Huang Kewu: Reason of Freedom—Yan Fu's Understanding and Criticism of John Stuart Mill's Freedom Thought, Shanghai Bookstore Press, Edition of 2000, p. 309. For this thought, this book refers to [America] Benjamin Schwartz: Seeking prosperity: Yan Fu and the West, translated by Ye Fengmei, Jiangsu People's Publishing House, Edition of 1996, p. 227.
205.
Liang Qichao: Organizational Capacity and the Spirit of the Rule of Law, published in edited by Liu Junning: Peking University Tradition and Modern China, China Personnel Publishing House, Edition of 1998, pp. 167–168.
206.
[Britain] Arlen Block: Western Humanistic Tradition, translated by Huang Leshan, Life Reading Xinzhi Sanlian Bookstore, Edition of 1998, p. 34.
207.
[Britain] Russell: Machiavelli theory, published in [Italy] Machiavelli: The Principe, translated by Hui Quan, Hainan Press, Edition of 1994, p. 172.
208.
[Italy] Machiavelli: Li Wei History of Rome Explanation, translated by Lv Jianzhong, Left Bank Culture, Edition of 2003, p. 55.
209.
[America] Sabine: A History of Political Theory (Volume Two), translated by Liu Shan, The Commercial Press, Edition of 1986, p. 467.
210.
The original translation of Liu Shan is “imperial law”. Refer to [America] Sabine: A History of Political Theory (Volume Two), translated by Liu Shan, The Commercial Press, Edition of 1986, p. 466. As known by the author, Bodin does not have such a book. The original word is Latin “leges imperii”, English interpretation of the imperii is command; authority; rule, supreme power; the state, the empire, etc., according to Bodin's theory, the meaning of “leges imperii” is similar to the called “senior law”, and should not be translated as “imperial law”. Refer to George H. Sabine, A history of political theory, New York: Henry Holt and Company, 1950, p. 409. The translation has been revised according to original.
211.
[America] Sabine: A History of Political Theory (Volume Two), translated by Liu Shan, The Commercial Press, Edition of 1986, p. 467. McClelland also identified that Bodin was easily trapped into contradiction at this point. However, people may exaggerate this contradiction because they are too far from the modern constitutionalism. Refer to [Britain] Buckley: History of Western Political Thoughts, translated by Peng Huaidong, Hainan Press, Edition of 2003, p. 322.
212.
Jean Bodin, On Sovereignty: Four Chapters from The Six Books of a Commonwealth, trans, Juitan H. Franklin, Cambridge: Cambridge University Press, 1992, p. 13.
213.
Julian H. Frankin, Jean Bodin and the Rise of Absolutist Theory, Cambridge: Cambridge University Press, 1973, pp. 70–92.
214.
[America] Hanna Arendt: The Origins of Totalitarianism, translated by Lin Xianghua, Times Culture, Edition of 1995, p. 352.
215.
[Italy] Machiavelli: The Principe, translated by Pan Handian, The Commercial Press, Edition of 1985, p. 57.
216.
[America] Sabine: A History of Political Theory (Volume Two), translated by Liu Shan, The Commercial Press, Edition of 1986, p. 401.
217.
Jean Bodin, Six Books of the Commonwealth, vol. 1, translated by M.J. Tooley Oxford: Basil Blackwell, 1955, p. 25. Jean Bodin, On Sovereignty-, Four Chapters from The Six Books of a Commonwealth, translated by Julian H. Franklin, Cambridge: Cambridge University Press, 1992, p. 3. Refer to [America] Sabine: A History of Political Theory (Volume Two), translated by Liu Shan, The Commercial Press, Edition of 1986, p. 462.
218.
Jean Bodin, Six Books of the Commonwealth, vol. 1, translated by M.J. Tooley Oxford: Basil Blackwell, 1955, p. 43.
219.
[Britain] Hobbes: Leviathan, translated by Li Sifu, Li Tingbi, The Commercial Press, Edition of 1985, p. 207.
220.
Thomas Hobbes, Man and Citizen, edited by Bernard Gert, Gloucester, Mass: Peter Smith, 1978, p. 183.
221.
[Britain] Hobbes: Leviathan, translated by Li Sifu, Li Tingbi, The Commercial Press, Edition of 1985, p. 253.
222.
[Britain] Locke: Government Theory (Volumn Two), translated by Di Junong, Ye Qifang, The Commercial Press, Edition of 1964, p. 92.
223.
The usage shall be referred to [America] Stephen Tims: The Paradox of Prior Restraint and Democracy, published in [America] Elster, edited by [Norway] Rune Slagstad: Constitutionalism and Democracy: A Study of Reason and Social Change, translated by Pan Qin, Life Reading Xinzhi Sanlian Bookstore, Edition of 1997, p. 226.
224.
[France] Rousseau: Social Contract Theory, translated by He Shaowu, The Commercial Press, Edition of 1980, pp. 26–27.
225.
Karl Marx and Frederick Engels, Vol.21, People's Publishing House, Edition of 1965, p. 452.
226.
A. P. d'entreves, Natural Law\An Historical Survey, New York: Happer & Row Publishers, 1965, p. 66. Refer to Jack Lively and Andrew Reeve, The Emergence of the Idea of Civil Society: The Artificial Political Order and Natural Social Orders, Robert Fine and Shirin Rai, Civil Society: Democratic Perspectives' London, Portland, Or, 1997, p. 64.
227.
Jurgen Habermas, Constitutional Democracy: A Paradoxical Union of Contradictory Principles? Political Theory’ Dec 2001, vol.29, Issue 6, p. 766.
228.
Joseph Rsz, The Authority of Law: Essays on Law and Morality, Oxford: Clarendon Press, p. 211.
229.
Carlos Santiago Nino 7he Constitution of Deliberative Democracy, New Haven & London; Yale University Press, 1996, p. 2.
230.
Zhu Xueqin: Modern Revolution and Transformation of Human Nature—“Sunshine and Lightning—A Revelation of the French Revolution and the American Revolution” (Chinese translation), published in Oriental Culture, No.6 in 2003, p. 6.
231.
[France] Tocqueville: The Old Regime and the Revolution, translated by Liang Tang, The Commercial Press, Edition of 1992, p. 46.
232.
Gustave Le Bon, The Psychology of Revolution, New York: G. P. Putnam's & Sons, 1913, p. 66.
233.
[France] Sieyes: What is the Third Rank of Privilege? Translated by Feng Tang, The Commercial Press, Edition of 1991, p. 61.
234.
Thomas Carlyle, The French Revolution-. A History, 1837, Book VI, Chapter 1.6.1.
235.
[Britain] Dicey: Law of the Constitution, translated by Lei Bingnan, China Legal Publishing House, Edition of 2001, p. 244.
236.
Karl Marx and Frederick Engels, Vol.1, People's Publishing House, Edition of 1956, pp. 581–582.
237.
The Chinese historians generally agreed that the 1789 was the beginning of the French Revolution, but the view of the lower limit of the French Revolution was not unified. If calculating with 1815, during the revolution, France adopted 7 constitutions, namely, 1791, 1793, 1795, 1799, 1804, 1814 and 1815, with an average of less than 4 years. Related information please refer to Zhang Qianfan: Western Constitutional System (Volumn two), China University of Political Science and Law press, Edition of 2001, p. 2. Chinese scholar Zhu Xueqin also inspected the phenomenon of ups and downs of French constitution, the statistical result was that 14 years from 1791 to 1804, it adopted 5 constitutions. Then, in the recent 200 years, France has passed 12 constitutions in total, one constitution every 16 years. Refer to Zhu Xueqin: The Fall of Moral Utopia, Shanghai Sanlian Bookstore, Edition of 1994, p. 183. Although the constitutional changes after the French Revolution were related to the French Revolution, but France carried out multi-party system, and the changing political situations were also a major reason. In addition, it is worth mentioning that the United States constitution “did not change for two hundred years” said by Zhu Xueqin is also worth careful consideration. In the constitution of less than 30 articles, more than 20 amendments were added, many constitutional precedents have become an important part of the constitution of the United States and is the constitution in practice. For more information, please refer to Robert A. Dahl, How Democratic Is the American Constitution? New Haven: Yale University Press, 2002.
238.
[France] Migne: French Revolutionary History, translated by Beijing Compilation Club, The Commercial Press, Edition of 1977, pp. 101–102.
239.
[France] Migne: French Revolutionary History, translated by Beijing Compilation Club, The Commercial Press, Edition of 1977, pp. 290–291.
240.
Tong Dezhi and Mou Shuo: Democratic Revolution without Constitutional Government and Its Predicament, published in Chinese and Western Political Culture, Tianjin People's Publishing House, Edition of 2003, p. 364.
241.
The organization first appeared in Connecticut, its members include John Trumbull, Timothy Dwight, Joel Barlow, David, Zhai Hopkins, Lemuel Humphrey, Richard Alsop and Theodore Dwight, Hubbard Smith and Elihu Mason F. Coorg Sverre, etc.
242.
[America] Walter Louis Parrington: History of American Thought, translated by Chen Yongguo, Jilin People's Publishing House, Edition of 2002, p. 311.
243.
Ralph Ketcham, ed., The Anti-Federalist Papers and the Constitutional Convention Debates, New York: New American Library, 1961, p, 213.
244.
At that time, Adams and Jefferson Paine were in Europe, Paine also left the United States after the revolution, Paterick Henry refused to attend the meeting. This led to a serious absence of democrats in the debate of constituent assembly.
245.
[America] Beard: The Economic Outlook of the United States Constitution, translated by He Xiqi, The Commercial Press, Edition of 1984, p. 136.
246.
Alfred A, Young, Conservatives, the Constitution, and the “Spirit of Accommodation”, in Robert A, Goldwin and William A. Schambra, eds., How Democratic Is the Constitution? Washington,D.C.: American Enterprise Institute, 1980, p. 118, p. 138.
247.
The vote for the constituent assembly in 10 states were not exactly the same, a total of 1540 delegates voted to the constitution, with 964 votes in favour and 576 against it. Refer to Robert A. Dahl, How Democratic Is the American Constitution? New Haven: Yale University Press, 2002, p,173. American historian Beard believed that, “about 1/6 of adult men voted for the approval of the constitution”. [America] Beard: The Economic Outlook of the United States Constitution, translated by He Xiqi, The Commercial Press, Edition of 1984, p. 226.
248.
Max Farrand, ed., The Records of the Federal Convention of 1787,vol.1,New Haven, Conn.: Yale University Press, 1937, p. 51.
249.
Max Farrand, ed., T/7& Records of the Federal Convention of 1787, Vol. 1,New Haven, Conn.: Yale University Press, p. 48.
250.
Max Farrand, ed,, The Records of the Federal Convention of 1787,Vol. 1,New Haven, Conn.: Yale University Press, 1937,p. 48.
251.
Max Farrand, ed., The Records of the Federal Convention of 1787, Vol. 1, New Haven, Conn.: Yale University Press, 1937, p. 50.
252.
The data in this article are not completely counted. Because the constitutional convention is carried out in secret, therefore, there are no official public records, also no more credible records. Something being passed down mainly included Madison’s notes which were made at the meeting, but it was also published after being polished, with many incredible things. Max Farrand cleared up and published four volumes of The Records of the Federal Convention of 1787 (Max Farrand ed., The Records of the Federal Convention of 1787, Vol. 1–4, New Haven: Yale University Press, 1937) and summarized various opinions, which had important historical value. This paper uses the way of computer retrieval to search Madison’s notes, and it was found that in the constituent convention, people only referred to the democracy for 7 times, which are concentrated in 6 days. (Data sources: James Madison, Notes of debates in the Federal Convention of 1787, Athens Ohio: Ohio, University Press, 1984 (Web edition http://www.constitution.org/dfc/dfc-0000.htm); statistical method: computer retrieval; search term: democracy; retrieval mode: full field query; search result: 7 records; deadline: April 4, 2003.
253.
Thomas Jefferson, To Colonel William S. Smith, 1787, Thomas Jefferso, The Writings of Thomas Jefferson edited by Lipscomb and Bergh, Washington, D.C., 1903–1904. Vol. 6, p. 373.
254.
[Britain]Acton: The History of Freedom, translated by Hu Chuansheng, Yilin Press, Edition of 2001, p. 228.
255.
John Phillip Reid, Constitutional History of the American Revolution Wisconsin: University of Wisconsin Press, 1995, Pxvi.
256.
Although in three states—Delaware, New Jersey and Georgia, the votes were unanimous, but votes in the rest of the states were fragmented, North Carolina even rejected the constitution by 184:84. In some states, the delegates debated strongly, but the result was still too close to call. For example, in Massachusetts, delegates divided equally by 187:168; in New Hampshire was 57:46; in the Virginia which had several main constitution makers, the constitution was approved only by 80:79, the difference of one vote. Robert A. Dahl, How Democratic Is the American Constitution? New Haven: Yale University Press, 2002, p. 173.
257.
Jackson Turner Main, The Anti-Federalists: Critics of the Constitution, 1781–1788,New York: W.W. Norton, 1974, p. 133.
258.
Bruce Miroff, The Democratic Debate, Boston: Houghton Mifflin Company, 1995, p. 6.
259.
[Britain] Bertrand Russell: Roads to Freedom (Volume One), translated by Li Guoshan, Edition of January, 1998, p. 267.
260.
[America]Watkins: The Political Tradition—A Study of the Development of Modern Liberalism, translated by Yang Jian and others, Jilin People’s Publishing House, Edition of 2001, p. 97.
261.
Max Farrand, ed., The Records of the Federal Convention of 1787, Vol. 1, New Haven, Conn.: Yale University Press, 1937, p. 53, p. 60.
262.
Max Farrand, ed., The Records of the Federal Convention of 1787, Vol. 1, New Haven, Conn.: Yale University Press, 1937, p. 60.
263.
Robert A. Dahl, How Democratic Is the American Constitution? New Haven: Yale University Press, 2002, p. 6.
264.
Robert A. Rutland, On Madison and the Bill of Rights, see Robert A. Rutland, James Madison: The Founding Father New York: Macmillan, 1987, pp. 59–65.
265.
[America]Vernon Louis Parrington: Main Currents in American Thought, translated by Chen Yongguo and others, Jilin People’s Publishing House, Edition of 2002, p. 281.
266.
[America]Vernon Louis Parrington: Main Currents in American Thought, translated by Chen Yongguo and others, Jilin People’s Publishing House, Edition of 2002, p. 282.
267.
Robert Dahl, How Democratic Is the American Constitution? New Haven: Vale University Press, 2002, p. 6. American scholar Jack N. Rakove also thought that the original idea of 1787 was already on the brink of being deserted in 1796. Jack N, Rakove Alex Keyssar, Henry Brady, The Unfinished Election of 2000, Basic Books, 2001, p. 207.
268.
Herbert Croly, The Promise of American Life, New York: Macmillan Company, 1910, p. 452, 455.
269.
Benjamin Barber, A Passion for Democracy, American Essays, Princeton: Princeton University Press, 1998, p. 3.
270.
[America] Sunstein: Free Markets and Social Justice, translated by Jin Chaowu, China University of Political Science and Law Press, Edition of 2001, p. 439.
271.
American historian Richard Hofstadter regarded the American history from American Civil War to 1890 as the era of industrialization, continental expansion and political conservation, regarded the history from 1890 to the World War II as the era of reform. Referred to [America] Richard Hofstadter: The Age of Reform-New Rise of America, translated by Yu Minhong, Bao Fanyi, Hebei Peoples Publishing House, Edition of 1989, p. 1.
272.
Richard Pells, Radical Visions and American Dreams, New York: Harper and Row Publishers. Inc., 1973, p. 4.
273.
Herbert Croly, The Promise of American life, New York: Macmillan Company, 1910, p. 22.
274.
John Dewey, Individualism Old and New, New York: Minton, Black & Company, 1930, p. 72, p. 99.
275.
[America] Dewey: New and Old Individualism: Dewey Wenxuan, translated by Sun Youzhong and others, Shanghai Academy of Social Sciences Press, Edition of 1997, p. 4; John Dewey, The public and its problems, New York: H. Holt and Company, 1927, p. 184.
276.
[Italy] Mosca: Ruling Class, translated by Jia Hepeng, Yilin Press, Edition of 2002, p. 211.
277.
Marx and Engels Anthology Volume 1, people’s Publishing House, Edition of 1956, p. 100.
278.
Frederick C. Beiser, introduction, see The Early Political Writings of the German Romantics, edited by Frederick C. Beiser, Cambridge: Cambridge University Press, 1996, p. xxix.
279.
Isaish Berlin, Introduction, Joseph de Maistre, Considerations on France, edited by Richard Lerun, Cambridge Cambridge University Press, 1994, p. xiii.
280.
Anthony Arblsster, The Rise and Decline of Western Uberallsm, Oxford: Basil Blackwell, 1984, p. 264.
281.
Jon Poper, Democracy and Its Critics Anglo-American Democratic Thought in the Nineteenth Century, London: Unwin Hyman, Inc., 1989, p. 205,.
282.
[Germany] Max Weber: Protestantism And The Spirit of Capitalism, translated by Yu Xiao, Chen Weigang and others, SDX Joint Publishing Company, Edition of 1987, p. 142.
283.
[Britain] Berlin: Against the Current, translated by Fen Keli, Yilin Press, Edition of 2002, p. 28.
284.
Berlin pointed out that the French Revolution, “It’s heir, and to a certain extent the opposition movement aroused and influenced by them, that is, all romantic, irrational beliefs and movements—political, aesthetic, violent, peaceful, individualism and collectivism, anarchism and totalitarianism—and its influence, belong to another page of the history”. Referred to [Britain]Berlin: Against the Current, translated by Fen Keli, Yilin Press, Edition of 2002, p. 28.
285.
Gustave Le Bon, The Psychology of Revolution, New York: G. P. Putnan’s & Sons, 1913, p. 297.
286.
[Italy] Guido de Ruggiero: The History of European Liberalism, translated by Yang Jun, Jilin People’s Publishing House, Edition of 2001, p. 352.
287.
James Fenimore Cooper, The American Democrat, New York: Harper & Brothers, 1931, p. 58.
288.
James Fenimore Cooper, The American Democrat, New York: Harper & Brothers, 1931, p. 231.
289.
[Britain] Mill: On Liberty, translated by Cheng Chonghua, The Commercial Press, Edition of 1982, p. 4, p. 5.
290.
[Britain] Mill: Representative Government, translated by Wang Xuan, The Commercial Press, Edition of 1982, p. 101.
291.
[America] Stephen Holmes: Predetermined Restraint and Democratic Paradox, recorded by [America] Elster, edited by [Norway] Slagstad: Constitutionalism and Democracy: A Study on Reason and Social Change, translated by Pan Qin, SDX Joint Publishing Company, Edition of 1997, p. 223.
292.
Robert Dahl, A Preface to Economic Democracy, Cambridge: Polity Press, 1985, p. 6.
293.
Robert Dahl, A Preface to Economic Democracy, Cambridge: Polity Press, 1985, p. 134–135.
294.
Robert Dahl, A Preface to Economic Democracy, Cambridge: Polity Press, 1985, p. 135.
295.
[Britain] Hayek: Law, Legislation and Liberty (Volume II, III), translated by Deng Zhenglai, Encyclopedia of China Publishing House, Edition of 2000, p. 414.
296.
[Italy] Sartori: Comments on Constitutionalism, translated by Liu Junning, recorded in the edition of Liu Junning: Market Logic and National Concept, Public Review First series, SDX Joint Publishing Company, Edition of 1995, p. 117.
297.
[America] Douglas Lummis: Radical Democracy, translated by Liu Yuanqi, China Renmin University Press, Edition of 2002, Chinese version, p. 2.
298.
[America] Douglas Lummis: Radical Democracy, translated by Liu Yuanqi, China Renmin University Press, Edition of 2002, Chinese version, p. 8.
299.
Bruce Ackerman, We The People: Transformations, Vol. II, Cambridge: Harvard University Press, 1991, p. 3.
300.
Robert Dahl, How Democratic Is the American Constitution? New Haven & London: Yale University Press, 2002, p. 39.
301.
[Norway] Francis Sejersted: Democracy and the Rule of Law: Some Historical Experiences about the Contradictions in Pursuing Good Government, recorded by [America] Elster, edited by [Norway]Slagstad: Constitutionalism and Democracy: A Study on Reason and Social Change, translated by Xie Pengcheng, SDX Joint Publishing Company, Edition of 1997, p. 152.
302.
[America] Stephen Holmes: Predetermined Restraint and Democratic Paradox, recorded by [America] Elster, edited by [Norway]Slagstad: Constitutionalism and Democracy: A Study on Reason and Social Change, translated by Pan Qin, SDX Joint Publishing Company, Edition of 1997, p. 225.
303.
Jurgen Habermas, Constitutional Democracy: A Paradoxical Union of Contradictory Principles?, Political Theory, Dec2001, VoL 29, Issue 6, pp. 766–782; Bonnie Honig, Dead Rights, Live Futures: A Reply to Habermas’s “Constitutional Democracy”, Political Theory, Dec2001, Vol. 29, Issue 6, pp. 792–806; Alessandro Ferrara, Of Boats and Principles: Reflections on Habermas’s “Constitutional Democracy”, Political Theory: Dec200 l, Vol. 29, Issue 6, pp. 78–792.
304.
[America] Stephen Holmes: Predetermined Restraint and Democratic Paradox, recorded by [America] Elster, edited by [Norway] Slagstad: Constitutionalism and Democracy: A Study on Reason and Social Change, translated by Pan Qin, SDX Joint Publishing Company, Edition of 1997, p. 225.
305.
[America] Francis Fukuyama: The End of History and the Last Man, translated by Huang Shengqiang, Xu Mingyuan, China Social Sciences Publishing House, Edition of 2003, p. 1.
306.
Michael Sandel, Democracy’s Discontent: America in Search of a Public Philosophy, Cambridge, Mass.: Belknap Press of Harvard University Press, 1996, pp. 25–26.
307.
Relevant content refers to [France] Tocqueville: Democracy in America (Volume II), translated by Dong Guoliang, Commercial Press, Edition of 1997, pp. 109–115.
308.
Marbury v. Madison, 5 U.S. 137, 163. (1803).
309.
Marbury v. Madison, 5 U.S. 137, 163. (1803).
310.
Linda Levy Peck, Kingship, Counsel, and Law in Early Stuart Britain, In Pocock, Schochet, and Schwocrcr, pp. 80–115. Refer to [America] Scott Gordon: Controlling the State: Constitutionalism from Ancient Athens to Today, translated by Ying Qi and so on, Jiangsu People’s Publishing House, Edition of 2001, p. 397, endnote. Additionally refer to [America] G. H. Sabine: A History of Political Theory (Volume II), translated by Liu Shan and so on, Commercial Press, Edition of 1986, p. 510.
311.
[Britain] Jennings: The Law and the Constitution, translated by Gong Xiangrui and Hou Jian, SDX Joint Publishing Company, Edition of 1997, p. 99.
312.
[America] Dworkin: Freedom’s Law: The Moral Reading of the American Constitution, translated by Liu Lijun, Shanghai People’s Publishing House, Edition of 2001, p. 101.
313.
William Blackstone, Commentaries On The Laws Of England, Philadelphia: William Young Birch 1803, Chap. II. Additionally refer to [France] Tocqueville: Democracy in America (Volume II), translated by Dong Guoliang, Commercial Press, Edition of 1997, p. 505.
314.
[France] Tocqueville: Democracy in America (Volume II), translated by Dong Guoliang, Commercial Press, Edition of 1997, p. 111. The editor of French edition added one passage of Marotte to point out, “the phenomenon pointed by Tocqueville may not occur frequently in future, but it was a serious problem at that time.”.
315.
[Britain] Hayek: Law, Legislation and Liberty (Volume II, III), translated by Deng Zhenglai and so on, Encyclopedia of China Publishing House, Edition of 2000, p. 269. In the book of The Constitution of Liberty, Hayek also expressed similar understanding. [Britain] Hayek: The Constitution of Liberty (Volume I), translated by Deng Zhenglai, SDX Joint Publishing Company, Edition of 1997, p. 221.
316.
Because of translation, here’s “Parliament's sovereignty” refers to parliamentary sovereignty, so-called “the rule of law” is the meaning of rule of law.
317.
Even Jennings overall criticized Dicey, he also thought Dicey’s understanding of rule of law “was so acceptable that people still generally regard rule of law and Dicey’s explanation of rule of law as the same thing until recently”, “his theory enjoys particularly extensive support among constitutional scholars and other people”. [Britain] Jennings: The Law and the Constitution, translated by Gong Xiangrui and Hou Jian, SDX Joint Publishing Company, Edition of 1997, p. 37, 211. Although Dicey received many criticisms, Dicey’s contribution to the theory of rule of law was obvious to all. In the two books of The Blackwell Encyclopedia of Political System and The Blackwell Encyclopedia of Political Thought, the clauses of rule of law are both on the basis of Dicey’s concept of rule of law. Refer to [Britain] David Miller, Vernon Bogdanor: The Blackwell Encyclopedia of Politics, mainly translated by Deng Zhenglai, clause of rule of law, China University of Political Science and Law Press, Edition of 1992, pp. 675–677. Contemporary jurist Martin Loughlin worshiped Dicey as “pontifex of legitimate theory of constitution”, refer to [Britain] Martin Loughlin: Public Law and Political Theory, translated by Zheng Ge, Commercial Press, Edition of 2002, p. 197. Criticism on Dicey can refer to [Britain] Jennings: The Law and the Constitution, translated by Gong Xiangrui and Hou Jian, SDX Joint Publishing Company, Edition of 1997, pp. 98–111, 38–43, 211–220. Then Wade further developed Dicey’s concept of rule of law. Refer to [Britain] William Wade: Administrative Law, translated by Xu Bing, Encyclopedia of China Publishing House, Edition of 1997, pp. 23–30. Later Lawson, Latham, Heuston, Hayek and other people had various judgments of Dicey’s theory of rule of law.
318.
[Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, pp. 231–244. These three meanings of Dicey’s rule of law also can refer to [Britain] Jennings: The Law and the Constitution, translated by Gong Xiangrui and Hou Jian, SDX Joint Publishing Company, Edition of 1997, pp. 211–212; [Britain] David Miller, Vernon Bogdanor: The Blackwell Encyclopedia of Politics, mainly translated by Deng Zhenglai, China University of Political Science and Law Press, Edition of 1992, pp. 675–677.
319.
In this master work of An Introduction to the Study of the Law of the Constitution, Dicey quoted Blackstore’s words and regarded as classics “Parliament’s power like what Sir Edward Coke said was not only outstanding but also absolute”. In fact, the thought of rule of law still occupied the important position in the thought of Coke, Blackstore and other people. This thought of dual power was reflected most obviously in British jurists. Refer to [Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, pp. 117–118.
320.
[Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, p. 117, 127, etc.
321.
[Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, pp. 119–120. This sentence classically described the authority of British Parliament, Tocqueville also quoted this sentence as example illustration when he was demonstrating the sovereignty of British Parliament. Refer to [France] Tocqueville: Democracy in America (Volume II), translated by Dong Guoliang, Commercial Press, Edition of 1997, pp. 504–504.
322.
[Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, p. 415.
323.
[Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, p. 417.
324.
[Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, p. 420.
325.
[Britain] David Miller, Vernon Bogdanor: The Blackwell Encyclopedia of Politics, mainly translated by Deng Zhenglai, clause of rule of law, China University of Political Science and Law Press, Edition of 1992, p. 676.
326.
[Britain] Dicey: An Introduction to the Study of the Law of the Constitution, translated by Lei Binnan, China Legal Publishing House, Edition of 2001, p. 117.
327.
[Britain] Dicey: Lectures on the Relation Between Law and Public Opinion in England During the Nineteenth Century, p. 305. Refer to [Britain] Martin Loughlin: Public Law and Political Theory, translated by Zheng Ge, Commercial Press, Edition of 2002, p. 202.
328.
[Britain] Martin Loughlin: Public Law and Political Theory, translated by Zheng Ge, Commercial Press, Edition of 2002, p. 199.
329.
[Britain] Martin Loughlin: Public Law and Political Theory, translated by Zheng Ge, Commercial Press, Edition of 2002, p. 202.
330.
Quote from [Britain] Jennings: The Law and the Constitution, translated by Gong Xiangrui and Hou Jian, SDX Joint Publishing Company, Edition of 1997, p. 103.
331.
Francis D. Wormuth, The Origins Of Modern Constitutionalism, New York: Harper & Brothers, 1949, p. 210.
332.
[Britain] Jennings: The Law and the Constitution, translated by Gong Xiangrui and Hou Jian, SDX Joint Publishing Company, Edition of 1997, p. 100.
333.
[America] Hamilton, Jay, Madison: The Federalist Papers, translated by Cheng Fengru and so on, Commercial Press, Edition of 1980, p. 273.
334.
Max Farrand, ed., The Records of the Federal Convention of 1787, Vol. 2, New Haven: Yale University Press, 1937, p. 50.
335.
[America] G. H. Sabine: A History of Political Theory (Volume II), translated by Liu Shan and so on, Commercial Press, Edition of 1986, pp. 510–511. In the author’s original, it was judicial review, which was translated into “reviewing plan” that was obviously wrong. Please refer to the English original. George H. Sabine, A history of political theory, New York: Henry Holt and Company, 1950, p. 409.
336.
[America] Edward S. Corwin: The “Higher Law” Background of American Constitutional Law, translated by Qiang Shigong, SDX Joint Publishing Company, Edition of 1996, p. 42.
337.
[Britain] Friedrich August von Hayek: The Constitution of Liberty (Volume I), translated by Deng Zhenglai, SDX Joint Publishing Company, Edition of 1997, p. 221.
338.
Relevant content refers to Michael J. Sandel, Democracy’ s Discontent: America in Search of a Public Philosophy, Massachusetts: The Belknap Press of Harvard University Press, 1996, p. 29; Bernard Bailyn, The Ideological Origins of the American Revolution, Cambridge, Mass: Harvard University Press, 1967, pp. 175–198; Cordon S. Wood, The Creation of the American Republic, 1776–1787, Chapel Hill: University of North Carolina Press, 1969, p. 259–305.
339.
[America] Vernon Louis Parrington: Main Currents in American Thought, translated by Chen Yongguo and so on, Jilin People’s Publishing House, Edition of 2002, p. 270.
340.
Original should be translated into “limited constitution is regulating some special and exceptional constitution for legislative body”. Alexander Hamilton, James Madison, John Jay, The Federalist Papers, Beijing: China Cocial Science Publishing House, 1999, p. 466. This sentence translated freely is more accurate. [America] Hamilton, Jay, Madison: The Federalist Papers, translated by Cheng Fengru and so on, Commercial Press, Edition of 1980, p. 392.
341.
Max Farrand, The Records of the Federal Convention of 1787, Vol. 2, New Haven: Yale University Press, 1937, p. 307.
342.
Max Farrand, The Records of the Federal Convention of 1787, Vol. 1, New Haven: Yale University Press, 1937, p. 254.
343.
Max Farrand, The Records of the Federal Convention of 1787, Vol. 2, New Haven: Yale University Press, 1937, p. 83. Miroff thought, most of the representatives thought federal court should have authority of judicial review. Bruce Miroff, The Democratic Debate, Boston: Houghton Mifflin Company, 1995, p. 33. About how to implement this power of review, framers did not have a clear idea. Robert A. Dahl, How Democratic Is the American Constitution? New Haven: Yale University Press, 2001, pp. 18–19.
344.
Joseph R. Reisert, Popular Sovereignty and the Problem of Constitutionalism: The Exclusivity of Article V Reconsidered, Paper prepared for delivery at the 2002 Annual Meeting of the American Political Science Association, Boston, August 29–September 1, 2002.
345.
[America] Hamilton, Jay, Madison: The Federalist Papers, translated by Cheng Fengru and so on, Commercial Press, Edition of 1980, p. 393. Alexander Hamilton, James Madison, John Jay, The Federalist Papers, Beijing: China Cocial Science Publishing House, 1999, p. 467,.
346.
[America] Hamilton, Jay, Madison: The Federalist Papers, translated by Cheng Fengru and so on, Commercial Press, Edition of 1980, p. 392. Alexander Hamilton, James Madison, John Jay, The Federalist Papers, Beijing: China Cocial Science Publishing House, 1999, p. 467.
347.
Opinion of Justice Chase in Calder v. Bull, 3 Dallas, pp. 386–389. (1798).
348.
[America] Vernon Louis Parrington: Main Currents in American Thought, translated by Chen Yongguo and so on, Jilin People’s Publishing House, Edition of 2002, p. 270.
349.
Robert Dahl, Pluralist Democracy, Chicago: Rand McNally, 1967, p. 92.
350.
Marbury v. Madison, 5 U.S. 137, 163. (1803).
351.
[America] Ronald Dworkin: Freedom’s Law: The Moral Reading of the American Constitution, translated by Liu Lijun, Shanghai People’s Publishing House, Edition of 2001, p. 101.
352.
Thomas Jefferson to William Johnson, 1823. Thomas Jefferson, The Writings of Thomas Jefferson edited by Lipscomb and Bergh, Vol. 15, Washington, D.C., 1903–1904, p. 451.
353.
Robert A. Dahi, How Democratic Is the American Constitution? New Haven: Yale University Press, 2001, pp. 18–19.
354.
[Britain] Acton: Essays in the History of Liberty, translated by Hu Chuansheng and so on, Yilin Press, Edition of 2001, p. 219.
355.
[Britain] Acton: Essays in the History of Liberty, translated by Hu Chuansheng and so on, Yilin Press, Edition of 2001, p. 219.
356.
[France] Tocqueville: Democracy in America (Volume II), translated by Dong Guoliang, Commercial Press, Edition of 1997, p. 115.
357.
[America] Elster, [Norway] Slagstad: Constitutionalism and Democracy: Studies in Rationality and Social Change, translated by Pan Qin, SDX Joint Publishing Company, Edition of 1997, p. 4.
358.
[America] Hamilton, Jay, Madison: The Federalist Papers, translated by Cheng Fengru and so on, Commercial Press, Edition of 1980, Article 78, p. 391.
359.
Thomas Jefferson to Abigail Adams, 1804. Thomas Jefferson, The Writings of Thomas Jefferson edited by Lipscomb and Bergh, Vol. 11, Washington, D.C., 1903–1904, p. 51.
360.
United States v. Butler, 297 U.S. 1, pp. 78–79. (1936).
361.
Carios Santiago Nino, The Constitution of Deliberative Democracy, New Haven & London: Yale University Press, 1996, pp. 199–206.
362.
[America] Stephen Holmes: The Paradox of Prior Restraint and Democracy, edited by [America] Elster, [Norway] Slagstad, Constitutionalism and Democracy: Studies in Rationality and Social Change, translated by Pan Qin, SDX Joint Publishing Company, Edition of 1997, p. 224.

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Tong, D. (2019). Comparative Analysis of Political Value. In: Introduction to Comparative Political Culture. Springer, Singapore. https://doi.org/10.1007/978-981-13-1574-9_4

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