On The Constitutional Value Of Freedom Of Association

Association refers to the people who establish different forms of social organization or activities for a common goal.Association possess social,voluntary, commonweal,and organizational characterization.The freedom of association is the basic rights of citizen which stated by the constitution. In connotation, it refers to the right of forming certain forms of social organizations without permission of government or other public organizations.As a concept which separate while link the state and society, freedom of association is a kind of personal freedom, but also a freedom of expression, which also has the dual properties of personal liberty and the group self-determination. Freedom of association includs the right to associate and not to associate, the right to be free from unlawful interference, and the right to request relief. Freedom of association is a manifestation of democracy, but also the protection of democracy, as well as the fundamental rights of individual citizens. Therefore, freedom of association has the constitutional legal status,which was regarded as the basic rights of citizens and protected by the constitution.Freedom of association and constitutionalism connects closely, which is also the theoretical basis that freedom of association containing rich constitutional value.The constitutional value of freedom of association can be summarized as the democratic values of promotion of civic spirit, and political participation; the rule of law values that limit government power to protect civil rights;the social value of facilitating the social order and stability, expanding the field of civic autonomy, advancing the free development of individual and social diversity. From the overview of the constitution stated by different countries, the constitutional value of freedom of association has been recognized by nearly all countries now. However, due to the differences in historical traditions and in social and political systems,the value of the freedom of association has been reached to different extent. Comparatively speaking, the Western country has longer historical development of freedom of association,therefore it plays important role in the development of constitutionalism. In China, freedom of association is a fundamental right of our citizens, but owing to the historical and realistic factors, the realization of the rights faces many problems.At present, what we urgent need is the creation of the political, law and systematic environment to fulfill the value of the freedom of association, so as to promote the greater role that the freedom of association played in the construction of democracy, rule of law and harmonious society.