In 2011, many countries experienced great travail in the process of constituting a new order. Of different religious backgrounds, these countries have been seeking to establish a constitutional order to assure greater liberty and higher estimation of human rights. However, the idea of constitutionalism is a legal concept that has its origins in Christianity. For states of non-Christian backgrounds to embrace constitutionalism, more than simple transplantation is needed. This research looks at the Christian legal tradition that incubated the idea of constitutionalism. It aims to provide a timely reference for the non-Christian countries to communicate with their local legal traditions when constructing the constitutional order during this current period of political change.
The research demonstrates an incubation process in which Christianity has played a major part in generating constitutionalism. It traces the constitutional thinking of St. Augustine, Thomas Aquinas, Richard Hooker and John Locke, and presents how their legal thoughts were intertwined together with the Christian faith. The research shows the interlocking relationships among the four thinkers, with each of them establishing their constitutional ideas on those of the one before him. St. Augustine formed the embryo of the process. He introduced the idea of two cities, which established a concept of higher justice above all human authorities. He also redefined the concept of people in order to explain the relations among God, people and the state. Thomas Aquinas applied the higher justice concept to medieval order and developed a mixed constitutional polity supported by bible verses. He defined law with rationality, which is God’s command. Richard Hooker amended Aquinas’ general theory of law and grounded the popular sovereignty on reasonable men exercising their consent. John Locke finally rendered the sovereignty to independent individuals; thence, individual human rights must be guarded against any interventions from public authority. The protection of individuals is the paramount value that identifies constitutionalism. Therefore, the author argues that Christianity is one of the major dimensions that enabled the birth of constitutionalism. / published_or_final_version / Law / Master / Master of Philosophy
| Identifer | oai:union.ndltd.org:HKU/oai:hub.hku.hk:10722/161529 |
| Date | January 2012 |
| Creators | Liu, Wenting., 刘雯婷. |
| Publisher | The University of Hong Kong (Pokfulam, Hong Kong) |
| Source Sets | Hong Kong University Theses |
| Language | English |
| Detected Language | English |
| Type | PG_Thesis |
| Source | http://hub.hku.hk/bib/B4786977X |
| Rights | The author retains all proprietary rights, (such as patent rights) and the right to use in future works., Creative Commons: Attribution 3.0 Hong Kong License |
| Relation | HKU Theses Online (HKUTO) |
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