The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ...The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.展开更多
'What is appropriate for one country in the light of its history, is not necessarily appropriatein another country with a different history. Our final constitution must now be forged in the lightof our history and...'What is appropriate for one country in the light of its history, is not necessarily appropriatein another country with a different history. Our final constitution must now be forged in the lightof our history and on the basis of the agreed constitutional principles which both reflect that historyand are part of it'—Arthur Chaskalson: President of the Constitutional Court, 17 July 1995.展开更多
China Society for Human Rights Studies (CSHRS) called a forum of experts and scholars on March 15 to discuss the significance of getting human rights protection enshrined in China’s fundamental law—the Constitution....China Society for Human Rights Studies (CSHRS) called a forum of experts and scholars on March 15 to discuss the significance of getting human rights protection enshrined in China’s fundamental law—the Constitution. Presided over by CSHRS President Zhou Jue, the forum was attended by CSHRS vice-presidents Yang Zhengquan and Dong Yunhu and more than 20 human rights experts and scholars from the展开更多
The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and...The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and protection of the disadvantaged group is the moral law characteristic of humanity, just as the Universal Declaration of Human Rights says in its Article 1: "All human beings are born free and equal in dignity and rights.展开更多
文摘The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.
文摘'What is appropriate for one country in the light of its history, is not necessarily appropriatein another country with a different history. Our final constitution must now be forged in the lightof our history and on the basis of the agreed constitutional principles which both reflect that historyand are part of it'—Arthur Chaskalson: President of the Constitutional Court, 17 July 1995.
文摘China Society for Human Rights Studies (CSHRS) called a forum of experts and scholars on March 15 to discuss the significance of getting human rights protection enshrined in China’s fundamental law—the Constitution. Presided over by CSHRS President Zhou Jue, the forum was attended by CSHRS vice-presidents Yang Zhengquan and Dong Yunhu and more than 20 human rights experts and scholars from the
文摘The confrontation between the disadvantaged and advantaged groups is eternal throughout the competition for survival. But the human spiritual world has its humane aspect in addition to competition. The concern for and protection of the disadvantaged group is the moral law characteristic of humanity, just as the Universal Declaration of Human Rights says in its Article 1: "All human beings are born free and equal in dignity and rights.