南华大学学报：社会科学版2012，Vol.13Issue(5)：65-71,7.
人权保障与法治的形式品格
Human Rights and Formal Rule of Law
摘要
Abstract
The protection of human rights should be governed by law. There is a new thought of democratic positivism recently. The legal relief of human rihghts is being internationalized now. Although human rights and formal rule of law are consistent, but there are very definite tensions between them. The democratic positivism emphasized the political legitimacy of human rights law but over looked the moral legitimacy of human rights law. The internationalization of the legal relief emphasized the universal value of human rights but over looked the essential role of sovereign state. In a word, the relief of human rights should be ruled by law, but we should also be cautious about that.关键词
人权/形式法治/实质法治/民主实证主义Key words
human rights/formal rule of law/substantial rule of law/democratic positivism分类
社会科学引用本文复制引用
王立峰..人权保障与法治的形式品格[J].南华大学学报：社会科学版,2012,13(5):65-71,7.基金项目
[基金项目]中共中央党校2011年度重点项目“转型期的人权保障与发展研究”资助 （）
