The generation and structure reserved by the basic rights and laws at the Chinese Constitution
January 15, 2024 15:17 Source: China Social Sciences Magazine Author: Chen Peng

  Bet365 app download Basic rights Law Reservation is not a restriction on administrative power,Instead of instructions and constraints on legislative power。Transition from constitutional functions、The formation and evolution of constitutional text、The development of the constitutional implementation mechanism is based on,The basic rights and legal reservations of the current constitution in my country's current constitution should be viewed from a standardized level。The constitutional text establishes a system for differentiated laws,Including simple legal reservations、Special Law Preservation、No legal reservation、Special situation of the content formed and property rights terms。History of constitutionalism indicates,Article 51 of the Constitution does not hinder the establishment of differentiated laws。The restrictions of the basic rights reserved by the unspeaks set in Article 51 of the Constitution can be explained by the restrictions on the restrictions,Therefore, it can be applied to the basic rights that comes with simple law reservations and special legal reservations,can also show the normative significance of differentiated reservations。Differential law reservations can also be resolved to solve the conflict of basic rights、Constitutional review benchmark for distinguishing legislation provides guidelines。

  Keywords:Basic rights Law retain Article 51 of the Constitution Article 51 Basic Right Conflict Constitution Cingices

  AuthorChen Peng,Professor of Law School of Xiamen University (Xiamen 361005)。

Editor in charge: Zhang Jing
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