Study Of Antagonism Of Constitutional Rights

The antagonism of relationship between states power and rights of citizens is the essential problem of Constitutionalism. Since modern Constitution turned up, the discussion about the relationship between states and citizen has been a lot. Nowadays , the most prevalent viewpoint is that the relation between states power and rights of citizens is the fundamental constitutional relationship, The purpose of Constitutionalism is to protect constitutional rights of citizens from states power abusing, and then, realize some kind of balance between them. There are many kinds of theory about this relationship, one of them is theory of antagonism which has been fully testified useful by western countries especially U.K and U.S. In my opinion, the theory of antagonism has some reasonable factors that we can make use of even the tradition of politic or laws are quit different between our country and the western countries especially U.K and U.S. It can't deny that every aspect of society is developing rapidly in China today, but the protection of constitutional rights of citizens seems fall behind the time. This issue should be taken into account now when we call for accomplishing system of Constitutionalism, building socialist Rule by Law and construct socialist harmonious society. Through the studying of the relation between states and citizens, I confirm that the antagonism of relation between states power and rights of citizens is inevitable. After comparison with theory of antagonism among western countries especially U.K & U.S, and pointing out the defects in our theory and demonstration of Constitutionalism, I bring forwardthe concept------antagonism of constitutional rights of citizens. I emphasize mat this is thelogical beginning for we to build up the theory of Balance of Constitutionalism------fromantagonism to compromise------and it's the right angle for we to understand the true meaning ofsocialist harmonious society from. The basis of handling the relationship between states power and rights of citizens is recognizing the antagonism of them. The significance of Constitution is just ensuring that the antagonism of constitutional right of citizen dose make sense and making the two in a dynamic balance, which is the same to socialist harmonious society. At last, I will give some advices about the reform of our present theory and demonstration of...