On The Freedom Of Assembly And The Preservation Of The Constitution

Freedom of assembly,as one of the basic rights,is a combination of freedom expr ession and personal freedom.The freedom of assembly gives citizens the right to expres s reasonable demands to the government when their rights were violated by public pow er.In addition,the value of freedom of assembly is reflected in the joint function of th e assembly to make citizens from individual to collective.This combination makes citiz ens form a collective personality and participate in the political life,Thus affect the form ation and change of public policy.Constitutional reservation is a constitutional principle that guarantees the basic rights of citizens by restricting the legislative power.The core of constitutional reservation lie s in the protection of the prior state rights.The first meaning of constitutional reservatio n is confirmation.The second meaning is restriction,the restriction of basic rights.The constitution is a common contract signed by the masses for the formation of the state.After the formation of such a contract,the state public power corresponding to the priv ate rights of citizens is formed.At the beginning of the constitution,the basic rights enj oyed by the citizens are clearly confirmed on the basis of the expansion of the public power to interfere with the basic rights of citizens.On the basis of confirmation,we sh ould limit the restrictions on basic rights so as to avoid infringement of the basic rights of citizens by the public power of the state.The institutional guarantee of the constitutional reservation principle lies in the cons titutionality review system.The history of freedom of assembly is the history of freedo m of assembly.The freedom of assembly can maintain a relatively reasonable balance with the public order under the effective constitutional review system.The constitutional review system takes the principle of proportionality as the specific operation and exami nation standard,and examines whether the legislation is in accordance with the principle of constitutional reservation.In other words,the legislation should choose the appropria te means to restrict the basic rights of the citizens.Taking the Taiwan area as an exam ple,this paper introduces the restriction of assembly and Parade Law to the freedom ofassembly in Taiwan,and analyzes its legislative choice in the view of the principle of constitutional reservation.Taking the pre-limitation procedure for freedom of assembly as an angle,the paper analyzes the proper means to restrict the freedom of assembly of c itizens.Due to historical reasons,restrictions on the freedom of assembly for our citizens h ave become more stringent.This has led to a series of new social issues such as mass incidents.Guaranteeing the freedom of citizens' assembly is not only the object and con tent of the implementation of the constitution,but also the thrust and motive force of t he implementation of the constitution,as well as the legal thinking and path to effective ly govern the mass events.The restriction of rights and the protection of rights are all t he same.The restriction is for better protection,so as to achieve the common goal of s afeguarding rights and maintaining social stability.