The Legitimacy Foundation Concerning The Rights Of Constitution And Its Limit

Fundamental right is a core value of modern constitutionalism. Constitutionalization of rights which are recognized by the constitution makes the fundamental rights reach a higher level. Although the divergence of the concept of fundamental rights, the process of China’s constitutionalization over the last century provides local resources. The process not only makes the people start to realize the significance of the rights from knowing nothing, but also makes the rules more suitable for China. Constitutionalization must meet the requirements of legitimacy. Questioning the legitimacy of constitutionalization is a method of evaluating its value. The legitimacy of constitutionalization comes from the people’s adoption of the constitution, via the way of "a visible justice". It meets the requirements of human dignity and real democracy. However, the excessive constitutionalization is not only trapped by the restrictions of themselves, but also gives rise to hegemony of rights. On this occasion, it’s hard for us to achieve the constitutional purpose. So we must set appropriate limits on the constitutionalization via establishing a rational classification system of fundamental rights, setting limits the fundamental rights provisions, improving the program of constitutional reform and constitutional interpretation.