Human Rights Protection In European Constitutionalism

The research on European Constitutionalism which is about drawing up a constitution on European Union includes two aspects: and human rights protecting system . Constitutional system has been founded in the process of development of Europe integration step by step , especially European Union's integration practice makes integration entrance a stage of substantial development. As to the view and design about Europe integration in the past, European Union's integration has reached the a hitherto altitude on the depth and extent.As an important part of international human rights protecting system, European human rights protecting system has a complicated relationship with the international human rights protecting system, especially the UN system. And they leran from each other and develop together.The thought about Europe intergration can trace back to ancient Greece and ancient Rome times, after developments for several centuries, in 20 centuries, especially after Second World War, as to the effects of a series of factors, Europe has unified together. European Union's integration practice makes the combined thought of Europe come true. by the fact that member state alienates sovereign right unceasingly, European Union has built its own organization organization, and has established the mechanism for the exercise of power by a train of basis treaties. This mechanism has immensely surpassed the country, especially the interposition and authority of European Commission, which make it the "central government" of European Union. But, the conflicts between surpass authority and the member states's sovereign authority always existence, European Union tries to resolve the contradiction by a train of reformation, but the effect is not entirely satisfactory. makes European Union's system construction entrance a new stage and makes Europe Union look like a federal country. The treaty was not passed, but it has already brought forward challenges to the traditional constituonal theories.Just like the intergration, the human rights thought in Europe can also trace back to ancient Greece and ancient Rome times, after the Renaissance, in 17 and 18 centuries, Europe has already formed the system of human rights theory, and the system has improved and perfected unceasingly, these human rights thoughts has been legislated, such as in British, in French andin German. the law having white in every country that time. and its protocols system have built an edifice of European human rights protecting, Council of Europe and European Court of Human Rights are the mainstay of this edifice , which play an important role in European human rights protection. At the beginning of European integration, there has been attentions on human rights , with intergration going deep, European Union has had its human rights protecting system gradually. Europe Court of Justice, by its case law, has established the fundamental criterion of European Union human rights protecting, and has improved the cooperation with European Court of Human Rights. And the synctetization between them has gone deep gradually.