2012Fazhi yu shehui fazhanRequires access

Between Adjust and Autonomy:German Doctrines on Basic Rights in the Aspect of State Information

Zhang Wei

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Abstract

In the judicial review on the characteristics of information activities,German federal court of constitution employed respondent method which deviated from three-step view mode for liberty rights.Safeguard was added as a criterion,infringe was expanded to damage,and made information activities legitimate by state leading task which was not provided clearly in the constitution.Examining the structure and shift of doctrines of basic rights,we may conclude that such doctrines serves rational application of law and provide the protection of basic rights in cases,and may be flexible for evolution for various form of activities.

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In the judicial review on the characteristics of information activities,German federal court of constitution employed respondent method which deviated from three-step view mode for liberty rights.Safeguard was added as a criterion,infringe was expanded to damage,and made information activities legitimate by state leading task which was not provided clearly in the constitution.Examining the structure and shift of doctrines of basic rights,we may conclude that such doctrines serves rational application of law and provide the protection of basic rights in cases,and may be flexible for evolution for various form of activities.

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Available abstract

In the judicial review on the characteristics of information activities,German federal court of constitution employed respondent method which deviated from three-step view mode for liberty rights.Safeguard was added as a criterion,infringe was expanded to damage,and made information activities legitimate by state leading task which was not provided clearly in the constitution.Examining the structure and shift of doctrines of basic rights,we may conclude that such doctrines serves rational application of law and provide the protection of basic rights in cases,and may be flexible for evolution for various form of activities.

Key concepts: Constitution, German, Law, Autonomy, State (computer science), Fundamental rights, Respondent, Political science

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