人权的内核——兼论“以人为本”的宪法涵义

The Core of Human Rights: Constitutional Meanings of Taking People as Essential

宪法上基本权利的保障有其基础理论和核心内容,西方实证宪法和宪政理论都肯定“人的尊严”构成了人权的内核。人的尊严是人权宪法保障的哲学依据,是人权生长的原点,是对基本权利限制的限制。“国家尊重和保障人权”是一种规范性表述,而非描述性表述,其中蕴含着一定的价值判断,表明“以人为本”已经从实证法形式上升为国家理念,构成了我国宪政制度建构的根本,是借鉴世界其他国家宪政和人权理论与制度的坚固基础。

The constitution renders basic theories and core contents for the safeguard of fundamental human rights. Human dignity constitutes the core of human rights, which is testified by both positive constitutions and constitutional theories in western countries. Man’s dignity is the philosophical foundation that safeguards human rights in a constitution, the origin of human rights, and the limitation of restraining fundamental rights. “The country respects and safeguards human rights” is a normative expression but not a descriptive one, which contains certain value judgments and indicates that the concept of “taking people as essential” has been elevated to a notional idea by way of positive law. It forms the basis of China’s constitutionalism and is the foothold for us to take reference of other countries’ constitutionalism and human rights theories and institutions.