Restrictions or Limits?

— A Further Study on the Interpretation of Article 51 of the Constitution

ZHANG Xiaoshan*

Abstract: Article 51 of the Constitution of China stipulates that “When exercising their freedoms and rights, citizens of the People’s Republic of China shall not undermine the interests of the state, society or collectives, or infringe upon the lawful freedoms and rights of other citizens.” The mainstream academic view holds that Article 51 of the Constitution is a general restrictive clause on fundamental rights. Nevertheless, from the perspectives of literal meaning, systematic interpretation and original intent, Article 51, rather than emphasizing the restriction of fundamental rights, affirms the inherent limits of fundamental rights. Article 51 does not authorize legislators to restrict fundamental rights; instead, it stresses that citizens shall not abuse their fundamental rights. Article 51 implies that fundamental rights have intrinsic boundaries, and the exercise of fundamental rights beyond such boundaries may result in the deprivation of fundamental rights.

Keywords: article 51 of the Constitution · restriction of fundamental rights · abuse of fundamental rights · deprivation of fundamental rights