Abstract

Abstract This chapter introduces the concept of Confucian democratic constitutionalism and how it is inspired by and yet distinguished from both the premodern Confucian accounts of virtue politics and the modern discourses of Confucian constitutionalism explored by scholars such as Kang Youwei, Tan Sitong, Liang Qichao, and Liang Shuming. Unlike the old versions of Confucian constitutionalism, Confucian democratic constitutionalism does not attempt to reinstate Confucianism as the state religion or an official political idealism; recognizes pluralism as an undeniable sociological fact in contemporary East Asia; relies on the use of public reason that is embedded in Confucian values, mores, civilities, and moral sentiments; and promotes an active and institutionalized dialogue between the branches of government, especially between the legislature and the (constitutional) court in mediation of Confucian public reason. This chapter also addresses some of the key methodological problems in justifying Confucian public reason in pluralist East Asia.

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