While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights. If they are subjective rights, they are justiciable. The main argument in fav...While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights. If they are subjective rights, they are justiciable. The main argument in favor of this understanding is based on liberty. The main argument against is the so called formal argument. In relation to the pro argument, liberty can be either juridical or factual. Juridical liberty has no value without factual liberty, because the right to liberty is only put into practice if one has the factual preconditions for its exercise. The argument against is that their justiciability displaces the competence of the elaboration of public politics from Legislative and Executive to Judiciary Power, what violates the principles of separation of powers and democracy. Nevertheless they are subjective rights indeed, but special ones： they are primafacie subjective rights. There is only one subjective right that is a priori considered definitive： the right to Existenzminimum） Its content is not settled, but it is quite unequivocal that the rights to simple housing, fundamental education and minimum level of medical assistance are part of it. Existenzminimum is then related to the minimum necessary for factual liberty. Against the justiciability of fundamental social rights, there are also arguments related to juridification of politics, administrative discretion and the possible reserve clause. The counter-arguments refer to original and exceptional competence, necessary objective proof of state＇s economical incapability, prohibition of State＇s will, principles of legality and of non-obviation o f Judiciary jurisdiction, Existenzminimun guarantee.展开更多
The national musicology was introduced into China from the western countries, so the Chinese scholars need to continue to absorb and draw lessons from the advanced western national musicological theories, and should c...The national musicology was introduced into China from the western countries, so the Chinese scholars need to continue to absorb and draw lessons from the advanced western national musicological theories, and should carry out the innovation base on the ＂used doctrine＂. According to China＇s national conditions and the characteristics of the cultures, improve the research methodology of the national musicology, so that the national musicology can have the Chinese characteristics. The national musicology is an independent basic discipline in the university education. In China, the music education and research work in colleges and universities has an important role in the inheritance and development of the national music. In this paper, combined with the present situations of the music education in colleges and universities, from the perspectives of the education and the research, the author expounds the ideas of the development trends of the national musicology in the music education in colleges and universities.展开更多
文摘While fundamental individual rights are unquestionably taken as subjective rights, the same does not happen with fundamental social rights. If they are subjective rights, they are justiciable. The main argument in favor of this understanding is based on liberty. The main argument against is the so called formal argument. In relation to the pro argument, liberty can be either juridical or factual. Juridical liberty has no value without factual liberty, because the right to liberty is only put into practice if one has the factual preconditions for its exercise. The argument against is that their justiciability displaces the competence of the elaboration of public politics from Legislative and Executive to Judiciary Power, what violates the principles of separation of powers and democracy. Nevertheless they are subjective rights indeed, but special ones： they are primafacie subjective rights. There is only one subjective right that is a priori considered definitive： the right to Existenzminimum） Its content is not settled, but it is quite unequivocal that the rights to simple housing, fundamental education and minimum level of medical assistance are part of it. Existenzminimum is then related to the minimum necessary for factual liberty. Against the justiciability of fundamental social rights, there are also arguments related to juridification of politics, administrative discretion and the possible reserve clause. The counter-arguments refer to original and exceptional competence, necessary objective proof of state＇s economical incapability, prohibition of State＇s will, principles of legality and of non-obviation o f Judiciary jurisdiction, Existenzminimun guarantee.
文摘The national musicology was introduced into China from the western countries, so the Chinese scholars need to continue to absorb and draw lessons from the advanced western national musicological theories, and should carry out the innovation base on the ＂used doctrine＂. According to China＇s national conditions and the characteristics of the cultures, improve the research methodology of the national musicology, so that the national musicology can have the Chinese characteristics. The national musicology is an independent basic discipline in the university education. In China, the music education and research work in colleges and universities has an important role in the inheritance and development of the national music. In this paper, combined with the present situations of the music education in colleges and universities, from the perspectives of the education and the research, the author expounds the ideas of the development trends of the national musicology in the music education in colleges and universities.
