The institutional guarantee theory in the period of Weimar Constitution was mainly"status quo guarantee".Schmidt separated the system and the right in the Weimar Constitution and guaranteed the basic rights of citizens by guaranteeing that the core of the system was not infringed."Township autonomy","civil servant system"and"property rights system"are all examples of institutional guarantee.The institutional protection during the period of German Basic Law has become a function of the objective orientation of basic rights,which mainly protects basic rights from infringement by constructing the system and maintaining the core of the system.For our constitutional law,the theory of institutional guarantee should be a new method of constitutional interpreta-tion.By interpreting specific constitutional provisions as system,it can effectively exert the effectiveness of some programme-based provisions,so as to restrain legislation,judiciary and administration,and also provide basis for constitutionality review.
关键词
制度性保障/制度保障/基本权利客观价值秩序/宪法解释
Key words
institutional guarantee/Institutsgarantie/objective value order of fundamental rights/constitutional interpretation
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