浅论宪法未列举基本权利的保护

On the Protection of Unenumerated Fundamental Rights in Constitution

权利是有层次的,权利按层次性可分为基本权利和一般性权利。宪法没有必要也不可能对全部权利进行保护,因为基本权利是人生而就有的、涉及人的本质和本质特征、关乎人的尊严和幸福的权利,并且它是不断发展的,具有不可穷尽性,宪法只是对现有的基本权利的确认和认可。因而宪法未列举的基本权利的宪法性认可和保护值得加以认真对待。

Rights are layered.According to their layers,rights can be classified into basic rights and universal rights.It is unnecessary and unrealistic for the Constitution to protect all kinds of rights.Because basic rights are entitled to human being since his/her birth,they involve the essence and essential characteristics of human being and are closely related to the rights of dignity and happiness of human being.In addition,the Constitution is constantly evolving,which leads to its infinity.The Constitution is merely confirmation and recognition of basic rights.Therefore,the constitutional recognition and protection of those basic rights which are excluded from the Constitution raises great concern and requires serious treatment.