The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law

ZHAI Han

Abstract: The inclusion of the human rights clause in the Chinese Constitution is the core normative manifestation of the constitutionalization of human rights, and points to the relationship between international law and the Constitution in the sense of positive law. The inclusion of the human rights provisions in the Chinese Constitution itself is an inherent part of the development of China's socialist constitution, and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage. The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country, but rather to the convergence of international law and domestic law through the constitutional order. The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution. Correspondingly, the domestic legal order is brought into line with the international legal order through the Constitution and its human rights clause. Behind the system of fundamental rights in the constitutional order is the value foundation of the entire legal system. The advancement of foreign-related rule of law has brought new opportunities for China's judicial practice to further promote the protection of human rights. In the future, we should further integrate the human rights values embedded in socialism into China's constitutional practice, enhance human rights protection around the country, and take a more active part in global human rights governance.

Keywords: human rights clause · foreign-related rule of law · socialist constitution · constitutionalization of human rights