"Human Rights" Cannot Be Merely "Write Into Coustitution"
HU Qi-bao
Abstract
HU Qi-bao
Abstract
The constitution amendment in 2004 has great significance for which put in clause the government respects and protects human rights. But black brickkiln case reveals that objective of amending constitution is not just write something into it but realization of clause in real life. How to guarantee realization of basic constitutional human rights Different scholars have different opinions. This thesis holds that there are three key sectors in protection mechanism of basic constitutional human rights: legislation guarantee is prior and entity guarantee; constitution violation checkup is subsequent and procedural guarantee; supervision of public opinion is outside-system guarantee and basis of whole mechanism.
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The constitution amendment in 2004 has great significance for which put in clause the government respects and protects human rights. But black brickkiln case reveals that objective of amending constitution is not just write something into it but realization of clause in real life. How to guarantee realization of basic constitutional human rights Different scholars have different opinions. This thesis holds that there are three key sectors in protection mechanism of basic constitutional human rights: legislation guarantee is prior and entity guarantee; constitution violation checkup is subsequent and procedural guarantee; supervision of public opinion is outside-system guarantee and basis of whole mechanism.
Key concepts: Constitution, Realization (probability), Human rights, Law, Legislation, Government (linguistics), Law and economics, Political science