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宪政核心价值在于限制公权力以保障公民权利和自由。以宪法为基础的自由主义宪政在制度安排上试图贯彻臻于美好的理念,但实际却面临诸多困境,譬如私有财产权与代议制民主的冲突,个人权利与国家公权力的冲突,民主与效率的冲突等。在个人与国家、自由与权威之间关系上,囿于两难选择及功利主义伦理基础,使宪政走入困境,并最终背离自由主义宪政的初衷。
The core value of constitutional government lies in the limitation of public power to protect civil rights and freedom. Constitutional-based liberal constitutional government tries to implement the idea of getting better in the institutional arrangements, but actually faces many difficulties, such as the conflict between private property rights and representative democracy, the conflict between individual rights and state power, the conflict between democracy and efficiency Wait. In the relationship between individual and state, freedom and authority, he drew the dilemma of choice and the ethical foundation of utilitarianism, which made constitutionalism into a predicament and finally departed from the original intention of liberal constitutional government.