포스트 코로나 시대에서 법치국가의 역할 -하버마스의 기본권 논의를 중심으로-

Abstract

This paper looks for new problem of basic human rights in covid-19 Pandemic crisis situation which aggravate into a neglected class’s mass-production and welfare blind spot’s diffusion. In a constitutional states(Rechtsstaat), Basic human rights specified in the constitution naming right to freedom, right to equality, right to pursue happiness, right to society, eta is used in nation administration’ s grounds and principles. Paying attention to this point, the post-Covid-19 era’s problem solution way for great worldwide crisis situation must be sought in a spirit of founding states. A spirit of founding states by Pilgrim Fathers’s Mayflower Compact comes before 150 years than the Declaration of independence. and this Mayflower Compact is analyzed into four conceptual indicators of (1) contractualism (2) civic politics (3) common good (4) rule of law. this Mayflower Compact’s founding states is succeeded in 18 century’s Enlightenment philosophy of Social Contract spirit. After comparing one generation of enlightenment Hobbes and three generation Kant, Habermas propose politics ideal of constitutionalism ’s democratic constitutional states in a alternative view which solved a great and big problems in modern society. Therefore I assert that the basic rights in constitutioal state goes through a series of state’s design process into [civil -> right -> law -> states] of process procedure.