Basic Human Rights:Ultimate Pursuit of the Constitution
XU Dun
Abstract
XU Dun
Abstract
Basic rights have undergone a thorny process,from the concept of basic rights,through basic rights theory,to the constitution enforcement of basic rights.However,the definition of basic rights is still at issue.We hold that each of the rights stipulated in the constitution is basic rights.Yet the enumeration of these rights shall not be construed to deny or disparaged others retained by the people.It is the ultimate pursuit of the constitution to safeguard basic rights,which is determined by basic rights'attributes and manifested by the ultimateness of basic rights in comparison with state power.
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Basic rights have undergone a thorny process,from the concept of basic rights,through basic rights theory,to the constitution enforcement of basic rights.However,the definition of basic rights is still at issue.We hold that each of the rights stipulated in the constitution is basic rights.Yet the enumeration of these rights shall not be construed to deny or disparaged others retained by the people.It is the ultimate pursuit of the constitution to safeguard basic rights,which is determined by basic rights'attributes and manifested by the ultimateness of basic rights in comparison with state power.
Key concepts: Constitution, Fundamental rights, Human rights, Rights of Nature, Law and economics, Political science, Enforcement, Law