Interpretation Of Article 51 Of The Constitution ——Based On Alexy’s Basic Rights Theory

Article 51 of the basic rights restriction,as the general clause of the Constitution,has continuously triggered the discussion among scholars since its establishment.The traditional interpretation methods are constantly changing under the influence of the specific social environment.Although there are different interpretation models for the understanding of Article 51 of the Constitution,it is difficult to explain article 51 of the Constitution with certain models under the trend of promoting the implementation of the Constitution.Therefore,it is of great theoretical and practical significance to explore a set of universal interpretation models.The basic right standard has the characteristics of principle,so the process of basic right restriction can be measured by principle.Before the principle of measurement,the scope of the reservation of rights should be determined with the help of Alexy’s theory of broad composition elements.After determining the scope of the fundamental rights is determined,the weight of the fundamental rights in the specific cases is compared by the gravity formula.According to the quotient obtained by the gravity formula is used to determine which principle is more seriously violated in the specific case,so that which principle should be protected by the Constitution.This article is elaborated through four chapters,which introduce the main types of doctrines of Article 51 of the Constitution and their differences from each other.The second part is to point out the insufficient reading of article 51 of the Constitution and its reasons.The third part is to use Alexy’s theory to analyze the aspect of basic rights.The fourth part puts forward a set of scientific model for the interpretation of article 51 of the Constitution combined with practice.The research method innovation of this thesis,tries to add new interpretation methods to the traditional theory through the theoretical achievements of Alexy in basic rights,assigns the abstract units,and uses the gravity formula to more intuitively get the degree of infringement of basic rights,so as to get a theoretical model that can guide practice.