2004Xiandai faxueRequires access

On the Essence, Value and Enforcement of the Constitutional Rights

LU Ping-hui

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Abstract

Constitutional rights reflect an idea of ruling by law and a kind of political ideal of community of the national state. It's not only a political and moral right, but also a legal principled right against the state. It has not only the inherent value that justifies the rights when it act as a goal or a method and order the social political system according to the strict rules, but also the utility value that meets the needs of the main body in Constitutional relation. It's enforced in a macro manner prescribed by Constitution on one side; It's also enforced in a microcosmic manner prescribed by different special Constitutional rights according to the structure of the right on the other. The Constitutional rights in China reflect the basic principle of Constitutional rights, but it shows some deficiencies of Constitutional rights.

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What this paper is about

Constitutional rights reflect an idea of ruling by law and a kind of political ideal of community of the national state. It's not only a political and moral right, but also a legal principled right against the state. It has not only the inherent value that justifies the rights when it act as a goal or a method and order the social political system according to the strict rules, but also the utility value that meets the needs of the main body in Constitutional relation. It's enforced in a macro manner prescribed by Constitution on one side; It's also enforced in a microcosmic manner prescribed by different special Constitutional rights according to the structure of the right on the other. The Constitutional rights in China reflect the basic principle of Constitutional rights, but it shows some deficiencies of Constitutional rights.

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Available abstract

Constitutional rights reflect an idea of ruling by law and a kind of political ideal of community of the national state. It's not only a political and moral right, but also a legal principled right against the state. It has not only the inherent value that justifies the rights when it act as a goal or a method and order the social political system according to the strict rules, but also the utility value that meets the needs of the main body in Constitutional relation. It's enforced in a macro manner prescribed by Constitution on one side; It's also enforced in a microcosmic manner prescribed by different special Constitutional rights according to the structure of the right on the other. The Constitutional rights in China reflect the basic principle of Constitutional rights, but it shows some deficiencies of Constitutional rights.

Key concepts: Law, Constitution, Political science, Fundamental rights, Value (mathematics), Enforcement, Politics, State (computer science)

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