2009Journal of Hebei North UniversityRequires access

On the Widening of the Remedy Space of Constitutional Rights in China

Yang Gui-sheng

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Abstract

In view of the significance of the rights to human being,every nation stipulates the rights of citizens in the Constitution in detail.However,if there is no corresponding remedy mechanism of right,the citizen's rights recognized by the Constitution is just a nominal declaration.As a result of the impacts of various historical reasons,the norms of the constitutional rights fail to be applied by the law at the highest level,to some degree,that has constrained the effect of the remedy of constitutional rights.Therefore,it is an urgent need to frame the integrated mechanism of the system for monitoring unconstitutional acts of legislation and the remedy law system for action infringement,considering present basic phenomenon of constitutional rights infringement,in order to widen the remedy space of constitutional rights in China to guarantee the citizen's rights in a better way.

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What this paper is about

In view of the significance of the rights to human being,every nation stipulates the rights of citizens in the Constitution in detail.However,if there is no corresponding remedy mechanism of right,the citizen's rights recognized by the Constitution is just a nominal declaration.As a result of the impacts of various historical reasons,the norms of the constitutional rights fail to be applied by the law at the highest level,to some degree,that has constrained the effect of the remedy of constitutional rights.Therefore,it is an urgent need to frame the integrated mechanism of the system for monitoring unconstitutional acts of legislation and the remedy law system for action infringement,considering present basic phenomenon of constitutional rights infringement,in order to widen the remedy space of constitutional rights in China to guarantee the citizen's rights in a better way.

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Available abstract

In view of the significance of the rights to human being,every nation stipulates the rights of citizens in the Constitution in detail.However,if there is no corresponding remedy mechanism of right,the citizen's rights recognized by the Constitution is just a nominal declaration.As a result of the impacts of various historical reasons,the norms of the constitutional rights fail to be applied by the law at the highest level,to some degree,that has constrained the effect of the remedy of constitutional rights.Therefore,it is an urgent need to frame the integrated mechanism of the system for monitoring unconstitutional acts of legislation and the remedy law system for action infringement,considering present basic phenomenon of constitutional rights infringement,in order to widen the remedy space of constitutional rights in China to guarantee the citizen's rights in a better way.

Key concepts: Constitution, Law, Political science, Fundamental rights, Human rights, Legislation, International human rights law, Reservation of rights

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