Nowadays in the United States of America,constitutional interpretation divides into two rival theories:originalism and living constitutionalism.Despite sustained criticism that has discredited originalists within cert...Nowadays in the United States of America,constitutional interpretation divides into two rival theories:originalism and living constitutionalism.Despite sustained criticism that has discredited originalists within certain comers of the legal academy,the originalism movement is a success by numerous measures.[1]There is always a necessity to do thorough research on the originalism theory playing a dominant role in American constitutional interpretation.In order to demonstrate the importance of adhering to original meaning of the Constitution as it is always done and ought to be done,this article is going to focus on the originalist aspects and discuss what originalism is,why constitutional interpreters need to be faithful to it and how to soberly treat it and improve it after discovering the limits of the theory.展开更多
The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of speci...The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.展开更多
文摘Nowadays in the United States of America,constitutional interpretation divides into two rival theories:originalism and living constitutionalism.Despite sustained criticism that has discredited originalists within certain comers of the legal academy,the originalism movement is a success by numerous measures.[1]There is always a necessity to do thorough research on the originalism theory playing a dominant role in American constitutional interpretation.In order to demonstrate the importance of adhering to original meaning of the Constitution as it is always done and ought to be done,this article is going to focus on the originalist aspects and discuss what originalism is,why constitutional interpreters need to be faithful to it and how to soberly treat it and improve it after discovering the limits of the theory.
基金the provincial key academic project Research of the Grassroots Negotiation and Governance Modernization Viewing from the Angle of State Governance(2019-GDXK-0005)
文摘The right to the protection of personal data is an important human right in the era of big data and a constitutional right based on the national protection obligation and the theory of human dignity,making it of special significance for the realization of citizenship in a digital society.It can be seen from an examination of the constitutional texts of various countries in the world that the right to the protection of personal data as a constitutional right has rich normative connotations,and the key legal link to realize this right lies in the national legislature actively fulfilling its obligation to shape and specify the protection of personal data in accordance with the entrustment of the constitutional norms.Given the constitutional principles of fundamental rights protection,i.e.,realizing the constitutional status of the right to the protection of personal data as a basic right by means of institutional guarantees,the legislature should first adhere to the constitutionality principle of data protection legislation.Second,a multi-level data protection legal system centered on the right to the protection of personal data should be established.Finally,the institutional guarantee mechanism for the protection of personal data should be continuously improved through constitutional interpretation.
