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The Status’ Relationship between the Constitution and International Covenants on Human Rights

Author: GeXiang
Tutor: WangYueMing
School: East China University of Political Science
Course: Constitutional and Administrative Law
Keywords: International Convention on Human Rights Constitution Rank Human rights
CLC: D921
Type: Master's thesis
Year: 2009
Downloads: 104
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Abstract

Modern generation of human rights from the bourgeois revolution, this process rights set forth requirements for power, and the resulting human rights. Modern nature of human rights is the pursuit of a complete personality, which includes two factors: freedom and equality. Modern human rights and modern international law on human rights, such as the theoretical foundation, sphere of influence, the value tends differences. And the international law of human rights has the characteristics of universality and particularity, universality is the effectiveness of international human rights law, the universality and particularity of international human rights, relying on a country's internal conditions can be achieved, and international human rights law to rely on the domestic implementation Meanwhile, also relying on the international monitoring mechanism. International human rights law determines the specificity of its internal conflict, the contradiction between the rigid legal standards and practical limitations, and contradictions in the structure of international human rights law legal rights - national and internal personal relationship established in international relations. The form of our Constitution established the sovereign role is to draw on the Marxist theory of the state and the Constitution of the former Soviet Union, combined with China's revolutionary practice established. Our Constitution established the national sovereignty and the sovereignty of the people under the people's congress system, the sovereignty of the people is the political basis for national sovereignty is the legal expression of both the People's Democratic linking. People's Democratic performance for a wide range of democratic centralism and citizens rights, which determines the nature of the people's democracy, and also determines the composition and role of the human rights of sovereignty. The requirements of the people's sovereignty, sovereignty is a collection of rights, to ensure close contact between the presence of the human rights of the people's sovereignty and national sovereignty. And the realization of human rights is also dependent on the sovereignty of the allocation of social resources. And combined based on statistical theory, China has joined 27 international human rights conventions, these human rights can be divided into the basic human rights, political rights, social, economic and cultural rights, relief and judicial process rights, of wartime humanitarian and other rights. Comparison of differences between civil rights and international human rights, both in the constitutional argument based on the subject of rights and other specific content. Theorists to rank the effectiveness of the Convention on Human Rights and on the implementation of the problem, there is no consensus, in order to resolve the internal contradictions of the Convention on Human Rights, the theoretical assumptions of the relationship of human rights and sovereignty, \the difference between the paper argues that the Convention on Human Rights should be given to the status of domestic law of the origins of the Constitution. International human rights law on the rights of the content, its effectiveness should be above the law, and the Constitution in the same order. Assumptions to achieve the rank of the Convention on Human Rights, we must first normative interpretation of the Constitution, \rights, but also contains the implied rights; includes both citizens, also contains the foreigners. \The same time, it should be to modify the current conclusion of a treaty Procedure Act, adopted by the National People's Congress, the decision of the NPC to the approval of the provisions of international human rights conventions. From the implementation of the Convention on Human Rights as a look at the theoretical assumptions of the constitutional origins of international human rights law, the Convention on Human Rights in China's current embodiment can only be legislation to implement.

The Status’ Relationship between the Constitution and International Covenants on Human Rights

Abstract

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