On the Protection of Unenumerated Fundamental Rights in Constitution
Gao Xiao-guan
Abstract
Gao Xiao-guan
Abstract
Rights are layered.According to their layers,rights can be classified into basic rights and universal rights.It is unnecessary and unrealistic for the Constitution to protect all kinds of rights.Because basic rights are entitled to human being since his/her birth,they involve the essence and essential characteristics of human being and are closely related to the rights of dignity and happiness of human being.In addition,the Constitution is constantly evolving,which leads to its infinity.The Constitution is merely confirmation and recognition of basic rights.Therefore,the constitutional recognition and protection of those basic rights which are excluded from the Constitution raises great concern and requires serious treatment.
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Rights are layered.According to their layers,rights can be classified into basic rights and universal rights.It is unnecessary and unrealistic for the Constitution to protect all kinds of rights.Because basic rights are entitled to human being since his/her birth,they involve the essence and essential characteristics of human being and are closely related to the rights of dignity and happiness of human being.In addition,the Constitution is constantly evolving,which leads to its infinity.The Constitution is merely confirmation and recognition of basic rights.Therefore,the constitutional recognition and protection of those basic rights which are excluded from the Constitution raises great concern and requires serious treatment.
Key concepts: Constitution, Fundamental rights, Human rights, Rights of Nature, Dignity, Law, Political science, Bill of rights