The Rule of Law and the Place of Rights

Abstract

Abstract This chapter illuminates the general nature of Confucian democratic constitutionalism as a normative political theory predicated on weak well-being consequentialism. Confucian democratic constitutionalism understands the citizenry’s democratic self-government as its core and takes the democratic legislature as its driving engine, the venue where constitutional norms, values, and rights are deliberated and vetted in accordance with the procedures guided by the principle of egalitarian dignity. At the same time, Confucian democratic constitutionalism acknowledges both the court’s status as one of the important guardians of the political society’s core values and its role to protect individual and minority rights, the moral contents of which are deeply interwoven with Confucian values. The chapter presents three key elements of Confucian democratic constitutionalism: (1) rejection of the categorical distinction between principle and policy, (2) endorsement of the people’s right to reconceptualize and meaningfully exercise rights, and (3) the use of Confucian public reason.