2004Journal of China University of Geosciences(Social Sciences Edition)Requires access

The Relation between Human Rights and the Constitution——Also on the Merits and Defects of the 24th Amendment of the Constitution

Zhong Hui-bing

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Abstract

The 24th Amendment of Constitution about human rights has set a milestone for the development of the Constitution.The creation of constitution indicates that human rights are the starting point and the ending point of constitution, which centers round human rights protection. Analyzed from the law, constitutions of most countries set human rights as the highest value object and the fundamental principle of constitution. The disharmony between the great improvement in human right protection and the constitution text existed before the Constitution amendment in China. The human right amendment to the Constitution will set the value object clearer,make the regulation logic system of human rights more precise and enables the Constitution and human rights to satisfy their respective value pursuit and policy representation so as to have mutual improvement. Meanwhile it is pitiful that the 24th Amendment could not become the basic principles in the Constitution. On the turning point of Constitution amendment, it is urgent to find the solutions to exchange the legal rights into practicable rights.

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The 24th Amendment of Constitution about human rights has set a milestone for the development of the Constitution.The creation of constitution indicates that human rights are the starting point and the ending point of constitution, which centers round human rights protection. Analyzed from the law, constitutions of most countries set human rights as the highest value object and the fundamental principle of constitution. The disharmony between the great improvement in human right protection and the constitution text existed before the Constitution amendment in China. The human right amendment to the Constitution will set the value object clearer,make the regulation logic system of human rights more precise and enables the Constitution and human rights to satisfy their respective value pursuit and policy representation so as to have mutual improvement. Meanwhile it is pitiful that the 24th Amendment could not become the basic principles in the Constitution. On the turning point of Constitution amendment, it is urgent to find the solutions to exchange the legal rights into practicable rights.

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Available abstract

The 24th Amendment of Constitution about human rights has set a milestone for the development of the Constitution.The creation of constitution indicates that human rights are the starting point and the ending point of constitution, which centers round human rights protection. Analyzed from the law, constitutions of most countries set human rights as the highest value object and the fundamental principle of constitution. The disharmony between the great improvement in human right protection and the constitution text existed before the Constitution amendment in China. The human right amendment to the Constitution will set the value object clearer,make the regulation logic system of human rights more precise and enables the Constitution and human rights to satisfy their respective value pursuit and policy representation so as to have mutual improvement. Meanwhile it is pitiful that the 24th Amendment could not become the basic principles in the Constitution. On the turning point of Constitution amendment, it is urgent to find the solutions to exchange the legal rights into practicable rights.

Key concepts: Constitution, Law, Human rights, Limited government, Fundamental rights, Rights of Nature, Political science, Ex post facto law

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The Relation between Human Rights and the Constitution——Also on the Merits and Defects of the 24th Amendment of the Constitution — Research Paper | ScholarLens