抄録
The words like safety or risk have become the important concepts in the constitutional discourse today. So constitutional lawyers should take the idea of risk society seriously enough. Cass R. Sunstein is the one who took that stance, and criticized the precautionary principle from the perspective of good working deliberative democracy. But his proposition to take the precautionary principle as general principle for risk is very problematic, so we should find the way to stop the over-generalization of that principle.
Ulrich Beck developed his idea of risk society into the more general idea of reflexive modernity and he estimated this as the chance for deliberative democracy. But when we read the propositions of the democratic constitutionalists in United States after September 11. we could take risk society as the critical moment for the legal constitutionalism.
After all. we. constitutional lawyers, have many problems to be discussed in risk society, so we need the new theory to cope with that situation. But we also should cling to the existing theory and practice, if we want to deal properly with the challenge of risk society.
https://ror.org/04chrp450 
