Coexistent and Prior：A Theory of Political Constitution within Normal Politics

Based upon the identity and restatement of the monist democracy for English constitution, Richard Bellamy designs a political constitutionalism within normal politics in his Political Constitutionalism to differ from the political constitution theories in Europe and America. He criticizes the foundation of judicial review through the nature of rights conflict and opens the political circumstance of this issue. As for the normative foundation of political constitutionalism, he adopts the notion of "Non-domination freedom" to rearrange the relations between politics and rights, which leads to a democratic framework of equality and participation. He does not say no to the constitutional politics absolutely, but argues that normal politics itself has constitutional sense and priority. Such kind of more modest political constitution theory can provide good enlightenment for the Chinese jurisprudence of political constitution and give a meaningful direction for recent constitutional transition.