Due Process Value of Basic Rights Norms:And on How the Administrative Procedure Act Protects the Basic Rights
Zhou Hai-yua
Abstract
Zhou Hai-yua
Abstract
It is rich of value of due procedure in fundamental rights norms in Constitution,while it's necessary to excavate the value of due procedure in fundamental rights norms to realize security function of human rights of Constitution. Setting of fundamental rights norms in Constitution indicates that citizen and nation are in equal relation,which requires administrative procedure law to set up interactive procedure to assimilate the people to participate in the administrative process and to receive public views. Human dignity contains individual rights,which is equated with human rights. At the same time,it is necessary to establish avoidance system,prohibiting exparte communication,functional separation and to open administrative system in administrative procedure law.
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It is rich of value of due procedure in fundamental rights norms in Constitution,while it's necessary to excavate the value of due procedure in fundamental rights norms to realize security function of human rights of Constitution. Setting of fundamental rights norms in Constitution indicates that citizen and nation are in equal relation,which requires administrative procedure law to set up interactive procedure to assimilate the people to participate in the administrative process and to receive public views. Human dignity contains individual rights,which is equated with human rights. At the same time,it is necessary to establish avoidance system,prohibiting exparte communication,functional separation and to open administrative system in administrative procedure law.
Key concepts: Dignity, Constitution, Human rights, Fundamental rights, Law, Value (mathematics), Administrative law, Law and economics