공화민주주의모델의 헌법적 가치구성의 의의와 한계점

Thorough rule of law, liberal constitutional democracy attempts to deconstruct all the domination. In this point liberalists understand democracy which admits majority right as negative political system. They propose that democracy should be constrained by rule of law. But liberal constitutional democracy has obvious limits in basic human rights formation. Natural law tradition is not admitted under political pluralism. Consensual method can not be selected too. When we consider incommensurability working as a axiom of liberalists, consensual method is connected to majority rule that liberalists have excluded. Here we meet repulican democracy model. Republican democracy model which pursues the formation of public willingness presents a alternative on the legitimacy of basic human rights. Basic human rights in republican democracy model works as condition for the production of good goodness to all the people. In other words, Basic human rights in republican democracy model is connected with all the citizen political participation and guaranteeing free argument on all the issue. But unlike its attempt to create goodness accepted to all, the application of his republican democracy model to ‘real world’ is likely to produce not the ‘good goodness to all the people’ but the domination of power. When republican democracy model on the basis of the equality of power among diverse positions and the openness of each position is applied to ‘real world’ based on the inequality of power among diverse positions and the hardness of each position, the result of the application is likely to produce not the ‘good goodness to all the people’ but recursive consensus toward hegemony value.