The rights control of legislative power being exercised legitimately is to ensure the legitimate exercise of legislative power by means of confirming fundamental rights. Its theoretical foundation is the theory of “natural right” .The fundamental rights,as inherent limits of legislative power being exercised legitimately,impose two requirements on legislative power being exercised. The first requirement is that the legislature shall not formulate laws which deprive citizens of their fundamental rights. The second requirement is that the exercise of the legislative power should ensure the realization and development of the fundamental rights. Restriction of Legislative power on fundamental rights must be based on public interest and subject to the principle of legal reservation and the principle of proportionality.
作者简介: 江西财经大学法治政府研究中心教授、法学博士。
引用本文:
易有禄. 基本权利:立法权正当行使的内在限度[J]. 人权, 2015, 0(2): 25-37.
Yi Youlu. Fundamental Rights: Inherent Limits of Legislative Power Being Exercised Legitimately. HUMAN RIGHTS, 2015, 0(2): 25-37.