The Social Dimension Of The Constitution

The subject of fundamental rights in constitution concerns a very importantconstitutional issue, which could be divided into two sub-issues additionally, the firstis who on the hell are qualified for the subjects, and the second is how to realize therights. Nowadays, we are living in a rights-based world, and living in a fast-changingcountry, we need to pay more attention to the two issues. Actually, the first issue is incorrespondence with the dilemma how to balance and integrate polybasic interestdemands in the current times, and the second one is in correspondence with thepresent dilemma how to put the related constitutional regulations into practice indeed.Today, China is facing a dramatical transformation, its economy is developing rapidly,and the standard of material life of the citizens goes up and up, consequently, thenotions and lifestyles of the public are changing dramatically. On the one hand,interest demands vary more and more differently among the public, socialcontradictions and conflicts become more complicated and tougher. On the other hand,the public grow aware of their legal rights, and request them to be protected well,which in the fact implies a desire or call for “rule of law”.Undoubtedly, for our constitution, which is the fundamental law, such a situationhas brought a challenge and a chance meanwhile. The chance is that the constitutionwill probably play a more important role in balancing different interest demands andintegrating the society, and this is nearly coming. The challenge is that the presentconstitutional regulations and operation system could hardly answer to those newchanges, besides, the condition of constitution enforcement is unsatisfied, perhaps therequest for constitutional relief can’t be met. Facing the actuality, maybe we shouldrethink about the existing theories on the subjects of fundamental rights inconstitution with the idea of “rights protection”, and inquire the present situation thatthe subjects of fundamental rights in constitution only derive from the field of“Nation”. For this, I put forward the idea about the dimension of society inconstitution, in expecting to review the subjects of fundamental rights in constitution,and answer the two questions mentioned above. My basic points regard ourconstitution as one which only operates in the dimension of “Nation” and thedimension of “Individual”, it is just a “plane constitution”. I hope that when itoperates in the dimension of “Society” as well, our constitution will transform from a“plane constitution” to a “three-dimensional constitution”, and become flexible, inclusive and viable, in bearing the responsibility of the fundamental law, inprotecting basic rights of the public, what’s more, in responding to the socialalterations quickly and effectively, in offering the fundamental basis to “rule of law”in China.