The Three-Dimensional Structure of Positive Law Standard for Constitutional Review:Value,Form and Function
The right value,normative form and collaborative function of the constitutional fundamental rights clauses constitute an integrated three-dimensional structure of positive law standard for constitutional review.As the substantive standard of constitutional review,basic rights can be divided into subjective rights and objective laws,enumerated rights and un-enumerated rights,and positive rights and negative rights.The types of basic rights cover the constitutional review standards and the main situations of their application,and what is not covered can be summarized by the"substantive natural law"standard.Constitutional text and procedural natural law are the formal standards of constitutional review.The constitutional provisions on fun-damental rights are the norms of positive law,while the application of substantive natural law and procedural natural law is the process of positivisation of fundamental rights.In a highly complex modern society,we must not only maintain the constitutional order by constitutional presumption,but also use the Constitution as a cooperative law to maintain"normative expectations"and"social differentiation".We should prudently ap-ply the basic rights standard to judge whether the review object is constitutional.
fundamental rightsconstitutional reviewpositive law standardsthree-dimensional structure
万方数据
维普
