论文部分内容阅读
美澳两国最高法院在审查政治权利和经济权利适用的标准上,具有很多相同之处,即早期均采用严格的审查基准对经济权利加以重点保护,而对政治权利则采用宽松的审查基准给予较低程度的保护。后来,两国在政治和经济权利上,又都采用相反的审查基准,即对政治权利采用严格的审查标准加以保护,而对经济权利采用宽松的审查标准加以保护。这种两重审查基准的变化和共同趋势,反映了在人权保护上的进步,值得正在建设宪政的国家借鉴。
The Supreme Court of the United States and Australia have many commonalities in examining the applicable standards of political and economic rights, that is, the early application of stringent examination standards to the protection of economic rights and the lax review of political rights A lesser degree of protection. Later, on the political and economic rights of both countries, they both adopted the opposite benchmark of examination, that is, the strict examination of political rights was used to protect them, while the economic rights were protected by loose censorship standards. The changes and common trends in this double review base reflect the progress made in the protection of human rights and are worth learning from the countries that are building constitutional systems.