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On The Freedom Of Association

Posted on:2005-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhangFull Text:PDF
GTID:2156360125956360Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
At the beginning of 20th century, the freedom of association was firstly stated formally as people's right in WeiMa constitution. Since then, most countries in the world followed this trend. According to the statistics of the constitution in the world, there are 119 constitutions which directly state the freedom of association. Due to this freedom is not only the premise of civilian society's development, but also the foundation of the final realization of constitutionalism, all the countries paid much attention to the construction on it. Therefore, from the constitutional stand-point, analysis on this topic is of importance.Firstly, an analysis on the jurisprudent basis of the freedom of association is necessary. The freedom of association is a freedom for citizens who can unite together in an association to do something for the same purpose. Essentially, it is a special political right with a combination of public right and private right. Meanwhile, it's a freedom of expression. With the support of freedom and democracy theory, the freedom of association can accelerate the development of constitutionalism.Secondly, a well knowledge of the freedom of association's history is needed. Before World War II ,the freedom of religion party and association went through all the suffering and were finally stated in constitution as an basic human right. After World War II, the characteristic of the freedom of association is under the international law's protection, with the development of civil servant's freedom of association and world wide spread legislation on anti-evil-religion.Thirdly, the protection and limitation of the freedom of association is a vital problem. The normal principle about the freedom of association are: constitution protection principle combination of absolute protection and proper limitation principle legislation protection principle and judicial protection principle under the division of normal and special freedom of association. Whereas, the protection andlimitation on the freedom of religion party and association are various.Finally, a probe on the legislation on the freedom of association in our country is inevitable. Although recently there is a great achievement on our freedom of association, some problems like the association's low self-control ability and civilian's low association still exist. For the further development on our freedom of association, the legislation on it should be intensified.
Keywords/Search Tags:Freedom of association, Freedom of religion association, Freedom of party association, Freedom of union association
PDF Full Text Request
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