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宪法是以人权和公民权利为渊源、起点、基础,并以之为权力运转的轴心和权力的禁区与最终归宿。宪法是人权和公民权利的产物,而不是相反;国家权力才是宪法的产物。宪法的主体是人民,执政党及其领导的政府首先是宪法的客体,受宪法制约。宪法首先是人民以人权、公权利制衡公权力的约法,而不能只作为执政党和政府治国的“总章程”、治民的工具。总之,宪法是人权和公民权利的保障书,基本人权和公民权至上,是宪法的最高理念和原则。“以人为本”实质是“以人权为本”。“国家尊重和保障人权”作为一个概括性条款纳入宪法,表明人权高于一切的宪法地位,表明其涵盖面应当包括所有法定的和非法定的人权。人权入宪将增强全民“知人权”、“爱人权”和维护人权意识;增强执政党与政府尊重和保障人权的宪政义务意识;加强对弱势群体的人权的保护;侵犯人权将构成违宪。
The Constitution is a forbidden zone and ultimate destination of axes and power that take human rights and civil rights as the source, starting point and basis for the operation of power. The Constitution is the product of human rights and civil rights, not the contrary; state power is the product of the Constitution. The main body of the constitution is the people. The governing party and the government under its leadership are primarily the object of the constitution and are subject to the constitutional constraints. The constitution, first of all, is a law of the people that checks and balances public power with human rights and public rights, and can not only serve as a “general charter” for governing the ruling party and the government but also a tool for governing the people. In short, the Constitution is the guarantee of human rights and civil rights. The supremacy of basic human rights and civil rights is the supreme concept and principle of the Constitution. “People-oriented ” essence “human rights-based ”. The “State’s Respect and Guarantee of Human Rights” incorporated into the Constitution as a general clause indicates the constitutional status of human rights above all else, indicating that its coverage should include all statutory and non-statutory human rights. The incorporation of human rights into the Constitution will enhance the people’s awareness of human rights, the love of human rights and the protection of human rights awareness; enhance the constitutional obligation of the governing party and the government to respect and safeguard human rights; strengthen the protection of the human rights of vulnerable groups; Constitute unconstitutional.