政权运行中合法性的延伸判断

政权合法性判断实际上分为两个层面:社会对主权的合法性认同,以及此后对所构建的政权进行合法性的检验。基于第二个层面,经过民主授权的政权还要受到法治原则的控制,背后隐含的是作为主权者的人民对运行中的政权进行合法性追问。但是,当法治规范受到权力的控制,合法性判断就会在形式法治的过程中分解,实质民主意志就会因为权力对法治话语的控制而被"僭越"。要解决政权运行过程中,对合法性的延伸判断问题,就要完善交往程序,整合多元利益诉求,克服权力的压制模式,实现真实妥协。

On the Judgment on the Legitimacy of Power Extended in Operating

The judgment of the legitimacy of political power is divided into tow levels in practice: social identification of the legitimacy of sovereignty and,after that,examination on the legitimacy of the political power constructed.Based on the second level,the political power authorized through democratic procedure must be controlled through the ruling procedure of law,behind which there exists the people’s inquiry into the legitimacy of the political power in operating.However,if the ruling norm of law was controlled by power,our judgment of legitimacy would be resolved in the formal ruling process of law,and then the substantive democracy would be over-stepped because the speech right of the rule of law is controlled by the power.To settle the problem that how judging the extending of power legitimacy in the process of power operation,it is needed to perfect the procedure of association,integrate the multiple demands of benefit,overcome the pattern of power suppression,andreach a true compromise through democratic procedure.