Liberty and Democracy:An Inquiry into the Values of Administrative Procedure

The Liberty is the kernel content of the value of the constitution litigation,and the profound democratic value is engraved in the liberty value. The liberty value of the constitution litigation represents itself mainly in the following aspects:first,rectifying the blemishes of the mechanism forming majority,closing the collision between the obligation of constitution and the realistic majority,and developing the provision in the constitution,which prescribes the scope and the content of liberty. second,sticking up for the reverse freedom of citizens,and defending the affirmative infringing of the government;validating the positive liberty of citizens,and redressing the emptiness of rights brought by the lacking of legislation. The democratic character of the freedom merit of the constitution litigation represents itself in the following aspects:first,the seeking and safeguarding to the liberty character precipitates the transformation of democracy,namely,the transformation from the archaic pure democracy to the modern permissive democracy;second,the reverse orientation to the liberty and the single satisfaction to the obverse liberty keeps the durative tension and the ceaseless balance between the democracy and the liberty,which establishes the realistic foundation to realize the liberalistic democracy.