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Constitutional Restriction of Right to Privacy

Author: ZuoMin
Tutor: ZhuFuHui
School: Xiamen University
Course: Constitutional and Administrative Law
Keywords: Right to privacy Basic rights Restriction
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 187
Quote: 0
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Abstract


The right to privacy falls within one of the right categories developing along with the continuous progress of human right and civilization.In terms of legal rights,research on the right to privacy has achieved great success in the civil law field,but its counterpart in constitutional domain still remains at the initial stage.Research on constitutional right to privacy is always weaved with bunches of uncertain basic theory and involved multidisciplinary background,thereby render it become more complex and valuable.As stated above,the research on right to privacy is currently focusing on civil law field.Few academic theses or resources available place their focuses on the constitutional restriction on the right of privacy.Logically,the protection and restriction are two facets of one issue.Unilateral concentrating on either one could no! secure the realization of such right.This paper therefore conducts study on the constitutional restriction upon the right to privacy from a balancing standpoint. This article is divided into three chapters.Chapter One commences with the search for origin of the right to privacy and its basic characteristics,and defines its feature as a fundamental constitutional right.Followed by the discussion on the theory of legal restriction on basic rights,this chapter introduces the theoretical background of the constitutional constraint on the right to privacy,and further concludes that privacy,immune from the deprivation,is within the boundary of ConstitutionChapter Two proceeds with the contextual analysis of the worldwide practice in constitutional restriction on the right to privacy.Via the analysis of the principles, pattems and methods thereof,this chapter further provides us with paradigms for the legislature and implementation of such legal constraint in China.Chapter Three switch back to our country’s practice and ponders the legal restriction on the fight to privacy in China,and put forward some thoughts about the legitimate path for imposing such restriction upon citizens in China.That is enact the constitutional right to privacy in the Constitution.

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