December 24, 2004

Xmas thought.

It is time to wind down for Xmas.

A thought. Many constitutional liberals see individual freedom threatened by the state. Hence the need for a constitution or a bill of rights to protect individual freedom, autonomy or right in civil society against coercion.

A common understanding of constitutional liberalism is that constitutional liberalism is different and historically distinct from democracy. It represents a doctrine of private individual and institutional rights; a judiciary dedicated to the enforcement of those rights; a system of representation designed to mute the excesses of popular democratic passions; a constitutional framework that impedes the hasty translation of democratic public impulses into sweeping changes of fundamental law, and, above all, a diverse private sphere diverse that is strong enough to provide a strong defense against the encroachment of government.

An alternative view to the duality of state power and provide freedom/On this alternative view the state is the ground without which the needs and free activity of humans in civil society cannot be sustained.

Posted by Gary Sauer-Thompson at December 24, 2004 09:58 PM | TrackBack
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