| Summary: | 碩士 === 淡江大學 === 日本研究所碩士在職專班 === 97 === Personal freedom is one of them. The law may not restrict freedoms stipulated in the Constitution, unless the freedoms are abused, the freedoms of others are infringed, or public order is threatened. Even in these situations, the Constitution permits restrictions on constitutional rights and freedoms only under specific circumstances. This is designed to prevent legislative bodies from enacting laws that exceed the limits established by the Constitution. Restrictions on constitutional freedoms are valid only if contained in legislation necessary to prevent restrictions against the freedom of others, to respond to emergencies, to maintain social order, or to enhance social interest. In any case, arrest, trial, and punishment must be implemented strictly in accordance with proper legal procedures. The law of summary administrative enforcement, which authorizes the State to restrain personal freedom, naturally should be constitutional. Secondly, this thesis is going to discuss a constitutional restraint on personal freedom, and, based on that, examine whether relevant statutes are constitutional. The statutes being targeted include Crime and Punishment by Law, Doctrine of Retraction, the Principle of Proportionality , Principle of Definitude, the system of unitary judicial , double jeopardy protection , Writ doctrine, Habeas Corpus, presumption of innocence, Criminal Procedure, confrontation and examination of the defendant , right to beheard , the right to counsel , right to remain silent , State Compensation.
|
|---|
