Journal of Northeastern University(Social Science) ›› 2014, Vol. 16 ›› Issue (1): 86-91.DOI: -
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YANG Xiaonan
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Abstract: Most countries constitutions provide basic rights as a powerful tool against the abuse of public powers. Traditionally, the constitution serves as a type of public law, which is mainly applied to the relationship between government and citizens, not to the relationship among private parties. Modern constitutional theories have gradually emphasized the effect realization of basic rights among private parties so as to widen the path to realizing basic rights. The latest development of state actor principle in the US, the third party effect in Germany and the judicial practices in some other countries have gradually differentiated the various patterns of realizing basic rights. This comparative study could provide some useful references for developing the effect patterns of constitutional basic rights in China.
Key words: third party effect, state actor, horizontal effect, vertical effect
CLC Number:
D911.01
YANG Xiaonan. Effect Realization of Constitutional Basic Rights in Foreign Countries and Its Implications[J]. Journal of Northeastern University(Social Science), 2014, 16(1): 86-91.
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