习惯权利与宪政立法

Customary Rights and Constitutional Legislation

习惯是法的渊源之一。某些习惯权利作为一种自发权利先于法定权利存在,后经国家立法程序确认与吸收而成为法定权利。习惯权利不只可以纳入民事立法,也可以成为宪法权利的前身。即使没有被纳入宪法和法律,一般也应受到法律保护或不予干预。这也是衡量宪法的民主性的一个标尺,是对公民权利保障的广度的体现。

As custom has been one of the sources of law,certain customary rights as independent rights exist prior to the statutory rights until later they are confirmed and admitted through the national legislative process as statutory rights.In addition to being included in the civil rights legislation,customary rights are also the predecessor of constitutional rights.Even if some are not included in the Constitution or laws,they should be protected by law or not be interfered as this is a reflection of the democracy of Constitution and an expression of protection to citizens＇ broad rights.