The Logic of Constitutional Restrictions on Fundamental Rights
Fan Xiao-qian
Abstract
Fan Xiao-qian
Abstract
In the second chapter of the Constitution, it provides for citizens' basic rights and obligations. There is no doubt that our citizens' basic rights are affirmed passionately by our country. Meanwhile, the country which is ruled of law, respecting for the fundamental rights of citizens is ultimate obligation. It means that the state tries to protect the civil rights. However, as everyone knows, the exercise of rights has its limits. Therefore, in the provisions of the constitutions, on the one hand, people enjoy their own basic rights; on the other hand, for the exercise of fundamental rights of citizens, it makes corresponding limits. Restrictions on its citizens' basic constitutional rights, the principle of legal reserves for the protection of fundamental rights is particularly important; the inherent nature of things in limiting fundamental rights can not be ignored; the principle of proportionality in the public law as the criteria of the restrictions on the fundamental rights in the judiciary review system makes a finishing point.
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In the second chapter of the Constitution, it provides for citizens' basic rights and obligations. There is no doubt that our citizens' basic rights are affirmed passionately by our country. Meanwhile, the country which is ruled of law, respecting for the fundamental rights of citizens is ultimate obligation. It means that the state tries to protect the civil rights. However, as everyone knows, the exercise of rights has its limits. Therefore, in the provisions of the constitutions, on the one hand, people enjoy their own basic rights; on the other hand, for the exercise of fundamental rights of citizens, it makes corresponding limits. Restrictions on its citizens' basic constitutional rights, the principle of legal reserves for the protection of fundamental rights is particularly important; the inherent nature of things in limiting fundamental rights can not be ignored; the principle of proportionality in the public law as the criteria of the restrictions on the fundamental rights in the judiciary review system makes a finishing point.
Key concepts: Fundamental rights, Reservation of rights, Political science, Law, Obligation, Constitution, International human rights law, Right to property