06. Comparison of the Constitutional Standard with the “human rights” of the constitutions of various countries
According to the “Paris Principles,” establish international minimum standards to establish an effective and credible National Human Rights Action and Citizenship Exercise Committee, half of which are appointed by international authoritative human rights organizations.
(1) Comparison of the Constitutional Standard with the norms of “human rights issues are the internal affairs of the world” of various countries
The Absolute Requirement of Eternal Peace §12—Human rights are the world’s internal affairs. Regardless of international relations or interpersonal relationships, regardless of the time or place when bullying occurs, victims can always seek joint and several liabilities from silent bystanders. Those who witness others in danger but are unwilling to save the endangered, or who can help the victims prove their innocence but refuse to testify, should be held criminal responsibility.
CS | Score | Nation | Score | Reason |
§12 | 100 | India | 60 | Concerned about some human rights |
§12 | 100 | U.S.A. | 90 | Concerned about global human rights |
§12 | 100 | Indonesia | 30 | Constitution §28.J |
§12 | 100 | Pakistan | 30 | Constitution §9 |
§12 | 100 | Brazil | 60 | Constitution §5 |
§12 | 100 | Nigeria | 0 | Constitution §33 |
§12 | 100 | Bangladesh | 30 | Concerned about some human rights |
§12 | 100 | Russia | 0 | Concerned about some human rights |
§12 | 100 | Mexico | 30 | Concerned about some human rights |
§12 | 100 | Japan | 60 | Concerned about some human rights |
§12 | 100 | Philippines | 60 | Concerned about some human rights |
§12 | 100 | Egypt | 0 | Concerned about some human rights |
§12 | 100 | Ethiopia | 0 | Concerned about some human rights |
§12 | 100 | Vietnam | 60 | Concerned about some human rights |
§12 | 100 | DR Congo | 0 | Concerned about some human rights |
§12 | 100 | Iran | 0 | Concerned about some human rights |
§12 | 100 | Germany | 90 | Concerned about global human rights |
§12 | 100 | Republic of Turkey | 60 | Concerned about some human rights |
§12 | 100 | France | 90 | Concerned about global human rights |
§12 | 100 | Republic of Korea | 60 | Concerned about some human rights |
§12 | 100 | Australia | 60 | Concerned about some human rights |
§12 | 100 | Taiwan | 60 | Constitutional Amendment §10 |
Made by PPP. Source: PPP database |
Conclusion:
1. The above scores are all preliminary evaluation statistics, and will be actuarially corrected in the future.
2. One of the necessary conditions for permanent peace in the world is that human rights are higher than sovereignty. Human rights issues are global internal affairs and one of the absolute requirements for the liberation of the last 56 autocratic shackles of mankind.
(2) Comparison of the Constitutional Standard with the position of “international law” of the constitutions of various countries
The Absolute Requirement of Eternal Peace §13—Vertically implemented international law is the sovereign law of the state, which is the law of all laws that maintain world civilization. Five years after the effectiveness of broad international law, it shall be regarded as customary international law, the mother law of the constitution, and the peaceful peremptory norms, directly creating rights and duties for people. The individual is the ultimate subject of international law.
CS | Score | Nation | Score | Reason |
§13 | 100 | India | 0 | Constitution §51, §249-253—National law takes precedence over international law. |
§13 | 100 | U.S.A. | 70 | Constitution §1.8—Punishing crimes against international law. Respecting international law but refusing to sign the law of the sea. |
§13 | 100 | Indonesia | 0 | Constitution §11—National law takes precedence over international law. |
§13 | 100 | Pakistan | 0 | Constitution §70—National law takes precedence over international law. |
§13 | 100 | Brazil | 50 | Constitution §5—National law takes precedence over international law.
Constitution§5.88—Subject to the jurisdiction of the International Criminal Court. |
§13 | 100 | Nigeria | 0 | Constitution §19.4—National law takes precedence over international law. |
§13 | 100 | Bangladesh | 50 | Constitution §7.2—National law takes precedence over international law.
Constitution §25—Respect international law. |
§13 | 100 | Russia | 0 | Constitution §15—National law takes precedence over international law. |
§13 | 100 | Mexico | 0 | Constitution §1—National law takes precedence over international law. |
§13 | 100 | Japan | 0 | Constitution §98—National law takes precedence over international law. |
§13 | 100 | Philippines | 0 | Constitution §2.2, §7.21—National law takes precedence over international law. |
§13 | 100 | Egypt | 0 | Constitution §93—National law takes precedence over international law. |
§13 | 100 | Ethiopia | 0 | Constitution §9.4—National law takes precedence over international law. |
§13 | 100 | Vietnam | 0 | Constitution §88.6, §70.4—National law takes precedence over international law. |
§13 | 100 | DR Congo | 0 | Constitution §153.4—National law takes precedence over international law. |
§13 | 100 | Iran | 0 | Constitution §77—National law takes precedence over international law. |
§13 | 100 | Germany | 0 | Basic Law §25—National law takes precedence over international law. |
§13 | 100 | Republic of Turkey | 0 | Constitution §90—National law takes precedence over international law. |
§13 | 100 | France | 0 | Constitution §55—National law takes precedence over international law. |
§13 | 100 | Republic of Korea | 30 | Constitution §6—National law takes precedence over international law. |
§13 | 100 | Australia | 0 | Constitution §51—National law takes precedence over international law. |
§13 | 100 | Taiwan | 0 | Constitution §170—National law takes precedence over international law. |
Made by PPP. Source: PPP database |
Conclusion:
1. The above scores are all preliminary evaluation statistics, and will be actuarially corrected in the future.
2. Encountered compulsory law, regardless of whether the national constitution stipulates or not, it will be invalid.
3. The Absolute Requirement of Eternal Peace §13 is the mother law of international law which constitutes the constitution of the state. These effects are based on the constitution and directly impose rights and obligations on the domestic residents and the government.
(3) Comparison of the Constitutional Standard with the norms of “constitutional guarantor” of various countries
The Absolute Requirement of Eternal Peace “law alone is not enough” §24—To maintain constitutional order, prevent civil disturbances, and avoid treason, the President, public representatives, military personnel, public officials, educators, clerics, and media staff are all guarantors of the implementation of the constitution. With the consent of the Constitutional Court, the Attorney General can prosecute or arrest the state leader for his unconstitutional acts. Seventy-two hours before the launch of a non-war military action or force repression, congressional approval must be obtained. The President and the commander-in-chief of the Army, Navy, and Air Force should remain neutral, and they shall have no right to vote in general elections.
CS | Score | Nation | Score | Reason |
§24 | 100 | India | 100 | Legislative, executive, and judicial officials swear allegiance to the Constitution. |
§24 | 100 | U.S.A. | 100 | Constitution §2, §6—All officials shall take an oath to support this Constitution. |
§24 | 100 | Indonesia | 100 | Constitution §9—The President and Vice President take an oath to ensure that … |
§24 | 100 | Pakistan | 100 | Constitution §42—President
Constitution §91.5—Prime Minister Constitution §92, §53, §61, §65, §102, §130—All public officials have their specified regulations to obey. |
§24 | 100 | Brazil | 100 | The Transitional Constitution Law of 1988 §1—The President takes oath to abide by the Constitution. |
§24 | 100 | Nigeria | 100 | Constitution §52, §89, §149, §151, §152—All executive and judicial officials shall take an oath to support this Constitution. |
§24 | 100 | Bangladesh | 100 | Constitution §148—All officials sworn in: I will uphold, protect and defend the Constitution. |
§24 | 100 | Russia | 0 | Constitution §82—When exercising the rights of the President of the Russian Federation...selectively observe and protect the Constitution of the Russian Federation. |
§24 | 100 | Mexico | 100 | Constitution §87, §97, §108—The President, people’s representatives, judges, civil servants and self-governing bodies swear to abide by and safeguard the political constitution and laws. |
§24 | 100 | Japan | 100 | Constitution §99—The emperor, ministers, members of the Imperial Diet and civil servants all have constitutional obligations. |
§24 | 100 | Philippines | 100 | Constitution §5—Duties of the President (or Vice President or Acting President) of the Philippines is to uphold and defend the Philippine Constitution. |
§24 | 100 | Egypt | 100 | Constitution §104, §144, §165—The President and Prime Minister uphold the Constitution. |
§24 | 100 | Ethiopia | 100 | Constitution §70.5:5—The President is sworn in at the meeting and shall declare allegiance to the Constitution and the Ethiopian people. |
§24 | 100 | Vietnam | 100 | Constitution §70—The President, the speaker, and the government must be loyal to the people and the Constitution. |
§24 | 100 | DR Congo | 100 | Constitution §45—It is the duty of the public authority to ensure the Constitution.
Constitution §69—The President of the Republic respects the Constitution and ensures the guarantor of public power (Note: The President should abide by the Constitution, not to respect the Constitution without legal responsibility). |
§24 | 100 | Iran | 0 | Constitution §4—All laws must be based on the Islamic Standards. (The Islamic standards are higher than the Constitutional Standards). |
§24 | 100 | Germany | 100 | Basic Law §56—The Federal President upholds the Basic Law and federal laws. |
§24 | 100 | Republic of Turkey | 100 | Constitution §81—Turkish members of parliament take oath to be loyal to the Constitution.
Constitution §103—The President of the Republic takes the oath to observe the Constitution, rule of law, and democracy. |
§24 | 100 | France | 100 | Constitution §5.1—The President oversees compliance with the Constitution. |
§24 | 100 | Republic of Korea | 100 | Constitution §66.2—The President has the responsibility and obligation to maintain the independence of the country and the Constitution. |
§24 | 100 | Australia | 100 | Constitution §61—The Governor-General may act as the Queen’s representative and this extends to the enforcement and maintenance of this Constitution and the laws of the Commonwealth. |
§24 | 100 | Taiwan | 30 | Constitution §48—The President should take the oath when he takes office: I must abide by the Constitution. |
Made by PPP. Source: PPP database |
Conclusion:
Declaration of Independence: All human beings are created equal and endowed with inalienable rights, which include life, liberty, and the pursuit of happiness. In order to safeguard these rights, human beings establish governments among them, and the legitimate power of governments arise from the consent of the governed. When government officials cannot guarantee human rights with the constitution, the people have the power to change or abolish it.