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人权保障体现了宪法的终极价值,是宪法的全部意义所在;以宪法为统帅的整个法律制度也必须以保障人权为其核心命题和最终归宿。我国宪法的正当性同样是从人权保障条款中获得的。我国宪法上人权条款的发展,体现了从思想到文本的转化,受益于个案的动力,并以这些条款为基础形成了完整的人权保障法律体系。
The protection of human rights embodies the ultimate value of the Constitution and is the full significance of the Constitution. The entire legal system that is governed by the Constitution must also take human rights protection as its core proposition and its ultimate goal. The legitimacy of our constitution is also derived from the human rights guarantee clause. The development of the human rights provisions in our country constitution embodies the transformation from thinking to text and benefits from the case motivation. Based on these articles, we have formed a complete legal system of human rights protection.