我国宪法权利立法研究

对我国宪法权利的立法进行梳理后发现,很多法律规范虽宣称立法目的是维护宪法权利而实际上是在限制,立法存在着明显的权力秩序追求缺乏对宪法权利的必要尊重,宪法权利在法律规范中缺少可操作性的实施规范。宪法权利被立法所不当限制的重要原因是缺乏权利理念,需要把宪法权利确立为立法的最高价值,通过完善立法实施宪法权利。

Study on the Legislation of Constitutional Rights in Our Country

To comb legal norms concerning with the constitutional rights,we can find that many of them actually restrict the constitutional rights other than safeguard them which has been claimed in the purpose of the legislation.There exists the obvious pursuit of power order and lacks the necessary respects to the constitutional rights in the legal norms which are short of the operable implementation norms.The lack of the idea of rights is the main reason why the constitutional rights are unduly restricted by the le...