| Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC |
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| 引用本文： | 杜强强,QIAN Chuijun.Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC[J].人权,2023(1):91-108. |
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| 作者姓名： | 杜强强 QIAN Chuijun |
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| 作者单位： | School of Political Science and Law,Capital Normal University |
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| 基金项目： | a phased achievement of Constitutional Interpretation in Line with Law and Its Practical Research,a General Project of Humanities and Social Sciences Research of the Ministry of Education for 2019 (Approval No. 19YJA820008)； |
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| 摘 要： | According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for genera...
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