Principles, Standards, and Applicability of Constitutional Interpretation of Basic Rights

DONG Jian

Abstract: For departmental legal norms concerning citizens’ basic rights, when multiple interpretations are possible based on individual case circumstances, interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution. This means selecting interpretations at the constitutional level that do not overly restrict citizens’ basic rights and understanding the specific connotations of legal norms with the principle of “not infringing on citizens’ basic rights.” The Constitution, as a framework order, does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations. If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance, it indicates that the application of that norm in the case is unconstitutional, and the interpreter should avoid applying the legal norm in that case. Regarding judgment standards, interpreters should apply the principle of proportionality to determine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution. Out of respect for the legislature, the application of the sub-principles of proportionality should consider the boundaries of interpretative actions.

Keywords: basic rights · constitutional interpretation · constitutionally aligned interpretation · principle of proportionality